Amendments — Data Protection Act 2018

Proposed amendments

60 amendments across 21 provisions

Clause 1 3

Amendment #7290#7290WithdrawnAmends text

Amendment text

at end insert—
Section (Right to protection of personal data) makes provision for a general right to the protection of personal data.”

Stage: Committee stage
Type: EditBillBody
Clause: 1

Amendment #8171#8171Not movedNew clause / schedule

Amendment text

Insert the following new Clause—
“Right to protection of personal data

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: AddClauseOrSchedule
Clause: 1

Amendment #8172#8172AgreedNew clause / schedule

Amendment text

Insert the following new Clause—
“Protection of personal data

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: AddClauseOrSchedule
Clause: 1

Clause 2 7

Amendment #7291#7291Not movedNew clause / schedule

Amendment text

Insert the following new Clause—
“Right to protection of personal data

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Committee stage
Type: AddClauseOrSchedule
Clause: 2

Amendment #7340#7340WithdrawnAmends text

Amendment text

at end insert—
In this Act, unless the context otherwise requires—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: Committee stage
Type: EditBillBody
Clause: 2

Amendment #7481#7481Not movedAmends text

Amendment text

after second “data,” insert “including data held by providers of Information Society Services,”

Stage: Committee stage
Type: EditBillBody
Clause: 2

Amendment #7564#7564Not movedNew clause / schedule

Amendment text

Insert the following new Clause—
“Right to protection of personal data

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Committee stage
Type: AddClauseOrSchedule
Clause: 2

Amendment #8369#8369Not movedAmends text

Amendment text

at end insert—
The protection of personal data may not be lawfully restricted or limited unless such restrictions and limitations are consistent with the principle of proportionality.”

Stage: 3rd reading
Type: EditBillBody
Clause: 2

Amendment #8370#8370AgreedAmends text

Amendment text

after “lawfully” insert “and fairly”

Stage: 3rd reading
Type: EditBillBody
Clause: 2

Amendment #8371#8371AgreedAmends text

Amendment text

after “data” insert “and to require inaccurate personal data to be rectified”

Stage: 3rd reading
Type: EditBillBody
Clause: 2

Clause 3 3

Amendment #7332#7332WithdrawnAmends text

Amendment text

at end insert—
This Act does not apply to any organisation employing five employees or fewer.

Stage: Committee stage
Type: EditBillBody
Clause: 3

Amendment #7482#7482WithdrawnAmends text

Amendment text

at end insert—
does not apply in the course of an activity which falls outside the scope of EU law.”

Stage: Committee stage
Type: EditBillBody
Clause: 3

Amendment #7483#7483Not movedAmends text

Amendment text

leave out “broadly equivalent” and insert “identical in all major respects”

Stage: Committee stage
Type: EditBillBody
Clause: 3

Clause 4 2

Amendment #7369#7369AgreedAmends text

Amendment text

at end insert “and to section 183”

Stage: Committee stage
Type: EditBillBody
Clause: 4

Amendment #7484#7484Not movedAmends text

Amendment text

at end insert—
Reference to the GDPR in this Act includes reference to the recitals thereof.”

Stage: Committee stage
Type: EditBillBody
Clause: 4

Clause 6 4

Amendment #7494#7494WithdrawnAmends text

Amendment text

at end insert—
A college, school or university is not a public authority or public body for the purposes of the GDPR.”

Stage: Committee stage
Type: EditBillBody
Clause: 6

Amendment #8012#8012AgreedAmends text

Amendment text

leave out line 34

Stage: Report stage
Type: EditBillBody
Clause: 6

Amendment #8013#8013AgreedAmends text

Amendment text

leave out “, subject to subsection (2)”

Stage: Report stage
Type: EditBillBody
Clause: 6

Amendment #8014#8014AgreedAmends text

Amendment text

at end insert—
“subject to subsections (1A) and (2).

Stage: Report stage
Type: EditBillBody
Clause: 6

Clause 7 6

Amendment #7346#7346Not movedAmends text

Amendment text

at end insert—
In Article 6(1) of the GDPR, reference to “the public interest” is to be read as a reference to the overall good of the general public.”

Stage: Committee stage
Type: EditBillBody
Clause: 7

Amendment #7479#7479WithdrawnAmends text

Amendment text

leave out “includes” and insert “means”

Stage: Committee stage
Type: EditBillBody
Clause: 7

Amendment #7485#7485Not movedAmends text

Amendment text

at end insert—
Reference in this section to “the public interest” is not restricted to the substantial public interest as referred to in Part 2 of Schedule 1 to this Act.”

Stage: Committee stage
Type: EditBillBody
Clause: 7

Amendment #7512#7512WithdrawnAmends text

Amendment text

after “includes” insert “, without prejudice to the generality of the expression “necessary for the performance of a task carried out in the public interest”,”

Stage: Committee stage
Type: EditBillBody
Clause: 7

Amendment #7513#7513Not movedAmends text

Amendment text

at end insert—
The Secretary of State may by regulation made under the affirmative resolution procedure add to the illustrative examples of processing that is necessary for the performance of a task carried out in the public interest or in the exercise of the controller’s official authority set out in subsection (1).”

Stage: Committee stage
Type: EditBillBody
Clause: 7

Amendment #8015#8015AgreedAmends text

Amendment text

after “enactment” insert “or rule of law”

Stage: Report stage
Type: EditBillBody
Clause: 7

Clause 8 5

Amendment #7486#7486Not movedAmends text

Amendment text

leave out paragraph (b)

Stage: Committee stage
Type: EditBillBody
Clause: 8

Amendment #7506#7506WithdrawnNew clause / schedule

Amendment text

Leave out Clause 8 and insert the following new Clause—
“Child's consent in relation to information society services

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Committee stage
Type: AddClauseOrSchedule
Clause: 8

Amendment #7507#7507Not movedNew clause / schedule

Amendment text

Insert the following new Clause—
“Parental consent in relation to children under the age of 13 years

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Committee stage
Type: AddClauseOrSchedule
Clause: 8

Amendment #7552#7552WithdrawnAmends text

Amendment text

leave out from “as” to “and” and insert “an age between 13 and 16 years, to be decided by the Commissioner based on relevant evidence and consultation,”

Stage: Committee stage
Type: EditBillBody
Clause: 8

Amendment #8208#8208WithdrawnAmends text

Amendment text

at end insert—
The Secretary of State must as soon as practicable after the passing of this Act by regulations require the Commissioner to set standards for the age-appropriate design of relevant information society services accessed by children and that such standards are to be set out in a code in accordance with section (Age-appropriate design code).”

Stage: Report stage
Type: EditBillBody
Clause: 8

Clause 9 3

Amendment #8016#8016AgreedAmends text

Amendment text

leave out paragraphs (a) and (b) and insert—
amend Schedule 1 —

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: EditBillBody
Clause: 9

Amendment #8123#8123Not movedAmends text

Amendment text

leave out “affirmative resolution procedure” and insert “super-affirmative resolution procedure under section 18 of the Legislative and Regulatory Reform Act 2006, with references in that section to section 14 to be read as references to this section of this Act”

Stage: Report stage
Type: EditBillBody
Clause: 9

Amendment #8126#8126WithdrawnAmends text

Amendment text

at end insert—
The processing of biometric data meets the requirements of Article 9(4) of the GDPR for authorisation by the law of the United Kingdom or part of the United Kingdom only if it meets the condition in paragraph 11A of Part 2 of Schedule 1.”

Stage: Report stage
Type: EditBillBody
Clause: 9

Clause 13 9

Amendment #8141#8141WithdrawnAmends text

Amendment text

at end insert “or a group sharing a protected characteristic, within the meaning of the Equality Act 2010, to which the data subject belongs”

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8142#8142Not movedAmends text

Amendment text

at end insert—
A decision is “based solely on automated processing” for the purposes of this Act if, in relation to a data subject, there is no meaningful input by a natural person in the decision-making process.”

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8143#8143Not movedAmends text

Amendment text

at end insert—
provide an explanation of the decision reached.”

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8144#8144Not movedAmends text

Amendment text

at end insert—
If a request is made to a controller for an explanation of a qualifying significant decision under subsection (4), the information the controller must provide must include, at least—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8145#8145Not movedAmends text

Amendment text

at end insert—
Where a controller takes or expects to take a qualifying significant decision in relation to a data subject based solely or partially on automated processing, the controller must ensure that the following information is made available to the public via electronic means—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8197#8197Not movedAmends text

Amendment text

at end insert—
the controller must provide meaningful information to the data subject which will be sufficient to enable the data subject to assess whether the profiling will be beneficial or harmful to their interests,”

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8202#8202Not movedNew clause / schedule

Amendment text

Insert the following new Clause—
“Automated decision-making concerning a child

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: AddClauseOrSchedule
Clause: 13

Amendment #8217#8217Not movedAmends text

Amendment text

at end insert—
A decision that engages an individual’s rights under the Human Rights Act 1998 does not fall within Article 22(2)(b) of the GDPR (exemption from prohibition on taking significant decisions based solely on automated processing for decisions that are authorised by law and subject to safeguards for the data subject's rights, freedoms and legitimate interests).”

Stage: Report stage
Type: EditBillBody
Clause: 13

Amendment #8226#8226WithdrawnNew clause / schedule

Amendment text

Insert the following new Clause—
“Use of private personal data accounts

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage: Report stage
Type: AddClauseOrSchedule
Clause: 13

Clause 15 1

Amendment #8017#8017AgreedAmends text

Amendment text

leave out paragraph (d)

Stage: Report stage
Type: EditBillBody
Clause: 15

Clause 124 1

Amendment #8378#8378WithdrawnAmends text

Amendment text

at end insert—
““children” means people under the age of 18;”

Stage: 3rd reading
Type: EditBillBody
Clause: 124

Clause 144 1

Amendment #8349#8349AgreedAmends text

Amendment text

at end insert—
An information notice does not require a person to give the Commissioner information to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.”

Stage: 3rd reading
Type: EditBillBody
Clause: 144

Clause 147 1

Amendment #8350#8350AgreedAmends text

Amendment text

at end insert—
An assessment notice does not require a person to do something to the extent that requiring the person to do it would involve an infringement of the privileges of either House of Parliament.”

Stage: 3rd reading
Type: EditBillBody
Clause: 147

Clause 151 1

Amendment #8351#8351AgreedAmends text

Amendment text

at end insert—
An enforcement notice does not require a person to do something to the extent that requiring the person to do it would involve an infringement of the privileges of either House of Parliament.”

Stage: 3rd reading
Type: EditBillBody
Clause: 151

Clause 155 2

Amendment #8352#8352AgreedAmends text

Amendment text

at end insert—
The Commissioner may not give a controller or processor a penalty notice with respect to the processing of personal data where the purposes and manner of the processing are determined by or on behalf of either House of Parliament.”

Stage: 3rd reading
Type: EditBillBody
Clause: 155

Amendment #8353#8353AgreedAmends text

Amendment text

leave out “under” and insert “by virtue of”

Stage: 3rd reading
Type: EditBillBody
Clause: 155

Clause 202 2

Amendment #8354#8354AgreedAmends text

Amendment text

leave out from beginning to end of line 34 and insert—
As regards criminal liability—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: 3rd reading
Type: EditBillBody
Clause: 202

Amendment #8355#8355AgreedAmends text

Amendment text

leave out subsection (7)

Stage: 3rd reading
Type: EditBillBody
Clause: 202

Clause 203 2

Amendment #8356#8356AgreedAmends text

Amendment text

leave out from beginning to end of line 16 and insert—
As regards criminal liability—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: 3rd reading
Type: EditBillBody
Clause: 203

Amendment #8357#8357AgreedAmends text

Amendment text

leave out subsection (6)

Stage: 3rd reading
Type: EditBillBody
Clause: 203

Schedule 1 4

Amendment #8358#8358AgreedAmends text

Amendment text

leave out paragraphs (a) and (b)

Stage: 3rd reading
Type: EditBillBody
Schedule: 1

Amendment #8359#8359AgreedAmends text

Amendment text

at end insert—
This condition is met if the processing is necessary—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: 3rd reading
Type: EditBillBody
Schedule: 1

Amendment #8360#8360AgreedAmends text

Amendment text

at end insert—
This condition is met if the processing—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: 3rd reading
Type: EditBillBody
Schedule: 1

Amendment #8381#8381AgreedAmends text

Amendment text

leave out from beginning to end of line 34 on page 128 and insert—
This condition is met if the processing—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage: 3rd reading
Type: EditBillBody
Schedule: 1

Schedule 2 1

Amendment #8361#8361AgreedAmends text

Amendment text

after “provisions” insert “and Article 34(1) and (4) of the GDPR (communication of personal data breach to the data subject)”

Stage: 3rd reading
Type: EditBillBody
Schedule: 2

Schedule 6 1

Amendment #8362#8362AgreedAmends text

Amendment text

leave out “and (d)”

Stage: 3rd reading
Type: EditBillBody
Schedule: 6

Schedule 8 1

Amendment #8363#8363AgreedAmends text

Amendment text

leave out “a purpose listed in sub-paragraph (2)” and insert “the exercise of a function conferred on a person by an enactment or rule of law”

Stage: 3rd reading
Type: EditBillBody
Schedule: 8

EnactedData Protection Act 2018

Clause 1 3

Clause 2 7

Clause 3 3

Clause 4 2

Clause 6 4

Clause 7 6

Clause 8 5

Clause 9 3

Clause 13 9

Clause 15 1

Clause 124 1

Clause 144 1

Clause 147 1

Clause 151 1

Clause 155 2

Clause 202 2

Clause 203 2

Schedule 1 4

Schedule 2 1

Schedule 6 1

Schedule 8 1