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Criminal Justice and Immigration Bill

My Lords, I beg to move Motion F, that the House do not insist on its Amendment No. 115, to which the Commons have disagreed, and do agree with the Commons in their Amendment No. 115A in lieu. Noble Lords will recall that on Report in this House an amendment was moved, and accepted, to provide for a new criminal offence for data controllers who intentionally or recklessly disclose personal information, repeatedly and negligently allow information to be disclosed or intentionally or recklessly fail to comply with the data protection principles. The Government have looked carefully at the tenor of the arguments in this House. We accept the principles put forward by the noble Baroness, Lady Miller, and yesterday we brought forward in the Commons an alternative measure that could strengthen the protection of personal data, Amendment No. 115A. In bringing forward this amendment we are specifically taking into account that criminal liability is generally reserved for unlawful behaviour that is sufficiently serious to merit the most stringent liability that the law can impose. In addition, we have consulted with the Information Commissioner. I am glad to report to the House that he welcomes the flexibility with which Amendment No. 115A provides him in his efforts to enforce the Data Protection Act more rigorously and proportionately. We also believe that the new monetary penalty should apply equally to the public and private sectors. Information gathered by the Information Commissioner’s office shows that data losses occur across both these sectors, and therefore it is only right that the monetary penalty should apply to both as well. I hope that these amendments find favour with the House in view of our previous debates. Moved, That the House do not insist on its Amendment No. 115, to which the Commons have disagreed, and do agree with the Commons in their Amendment No. 115A in lieu.—(Lord Hunt of Kings Heath.)