My Lords, I am grateful to the noble and learned Lord, Lord Brown, for raising these amendments and for the words of the noble Baroness, Lady Hamwee. His amendments address concerns about the interaction of the Bill with parliamentary privilege. I agree wholeheartedly with him that parliamentary privilege should continue to be safeguarded and maintained for future generations, as it has been for centuries past. As I said in Committee, the Government’s view is that the Bill contains adequate protections to ensure that this is the case. However, we recognise the concerns that, in some areas, these protections could be enhanced and clarified, and we will bring forward amendments at Third Reading to address some of the points that the noble and learned Lord has raised in his amendments.
With that in mind, I will now turn briefly to the amendments themselves, starting with Amendments 16, 17 and 185. The Government recognise the concerns raised in these amendments about the way the conditions for processing sensitive personal data apply in respect of parliamentary proceedings, and liability under Clause 193(5). I am happy to reassure noble Lords that the Government intend to bring forward amendments to address these points at Third Reading.
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Amendment 47 would create an exemption for personal data breaches which occur in the context of parliamentary proceedings from the requirement in article 34 of the GDPR. This article requires the data controller to notify data subjects about breaches of their personal data if the breach is likely to result in a high risk to their rights and freedoms. I understand the concerns raised by the noble and learned Lord, Lord Brown, which my officials have discussed with the House authorities. Having reflected on this further, the Government have decided to table an amendment to this effect at Third Reading.
Amendments 128, 129, 132 and 137 would preclude the Information Commissioner from exercising any of her enforcement functions in respect of personal data that is being processed for the purposes of proceedings in either House of Parliament. It is worth highlighting two points to noble Lords. First, the commissioner has all of these enforcement functions under the 1998 Act. While the scale of the penalties that can be levied under the GDPR will increase, there is no fundamental change to the nature of the commissioner’s enforcement functions. Secondly, the protections afforded for parliamentary privilege in the 1998 Act have been broadly mirrored and, where appropriate, developed in the Bill. There is no absence of protection where it was previously provided. To the extent possible, the Bill maintains the status quo for parliamentary privilege. However, we recognise the concerns that the enhanced scale of penalties that the commissioner will be able to apply under the GDPR may inadvertently have a
chilling effect on freedom of expression in either House. While the Government cannot accept Amendments 128, 129, 132 and 137 in their current form, given the stringent requirements of the GDPR, the Government will work with the House authorities and look to bring forward an amendment which speaks to these concerns at Third Reading.
I hope that I have reassured the noble and learned Lord and the noble Baroness, Lady Hamwee, that the Government understand the concerns raised through these amendments and will undertake to work with the House authorities to, where appropriate, bring forward amendments to address them at Third Reading.