I am not suggesting that breaches do not occur; I am not an apologist. My position is that if and when errors are made and wrongful acts occur, the law has ample means of dealing with them. We do not set up a massive public inquiry in areas of the...

I am not suggesting that breaches do not occur; I am not an apologist. My position is that if and when errors are made and wrongful acts occur, the law has ample means of dealing with them. We do not set up a massive public inquiry in areas of the...

I have two comments to make in response. First, the Leveson 2 inquiry was promised. As I understand the position of the noble Lord, Lord Pannick, now, he is saying that maybe wrongdoing is going on and it is the same as was expected before, but promising Leveson 2 was...

I have two comments to make in response. First, the Leveson 2 inquiry was promised. As I understand the position of the noble Lord, Lord Pannick, now, he is saying that maybe wrongdoing is going on and it is the same as was expected before, but promising Leveson 2 was...

My Lords, I was not going to speak, but I feel impelled to do so. I have no time for the media. I have been libelled and I disliked the experience a great deal. But what we are being asked to provide is a remedy. They are saying that the...

My Lords, I was not going to speak, but I feel impelled to do so. I have no time for the media. I have been libelled and I disliked the experience a great deal. But what we are being asked to provide is a remedy. They are saying that the...

My Lords, I first declare my interest as a Times columnist. Perhaps I may also start by thanking the noble Baroness, Lady Hollins, for the opportunity to listen to what she had to say, which it was impossible to do without regarding it as moving and passionate and a cause...

My Lords, I first declare my interest as a Times columnist. Perhaps I may also start by thanking the noble Baroness, Lady Hollins, for the opportunity to listen to what she had to say, which it was impossible to do without regarding it as moving and passionate and a cause...

My Lords, I am not a lawyer or journalist. If I was to describe myself as anything it is a jobbing politician. But each and every one of us in this House has to make their decision as a jobbing politician. Quite frankly, and with the utmost possible respect—I know...

My Lords, I am not a lawyer or journalist. If I was to describe myself as anything it is a jobbing politician. But each and every one of us in this House has to make their decision as a jobbing politician. Quite frankly, and with the utmost possible respect—I know...

My Lords, I sense that the House wishes to move on, to hear from the Minister and move to the inevitable vote, which I think would be a good thing for all of us. Therefore I will not speak at length. We have had a really

important debate today, ranging...

My Lords, I sense that the House wishes to move on, to hear from the Minister and move to the inevitable vote, which I think would be a good thing for all of us. Therefore I will not speak at length. We have had a really

important debate today, ranging...

My Lords, the Government recognise that there is great deal of passion and genuine concern on all sides of the debate and on all sides of the House on these matters. I am obliged to the noble Baroness, Lady Hollins, for the passionate way in which she advanced her argument...

My Lords, the Government recognise that there is great deal of passion and genuine concern on all sides of the debate and on all sides of the House on these matters. I am obliged to the noble Baroness, Lady Hollins, for the passionate way in which she advanced her argument...

My Lords, I am grateful to the Minister for his thoughtful response and to noble Lords who have spoken. I was accused of bullying the press during the last debate on this Bill in December, and of harassment today—astonishing accusations under the circumstances. These amendments are designed precisely to provide...

My Lords, I am grateful to the Minister for his thoughtful response and to noble Lords who have spoken. I was accused of bullying the press during the last debate on this Bill in December, and of harassment today—astonishing accusations under the circumstances. These amendments are designed precisely to provide...

Moved by

Lord Ashton of Hyde

130: Clause 142, page 79, line 2, at end insert “to comply with the data protection legislation”

131: Clause 142, page 79, line 3, leave out subsection (9)

Moved by

Lord Ashton of Hyde

130: Clause 142, page 79, line 2, at end insert “to comply with the data protection legislation”

131: Clause 142, page 79, line 3, leave out subsection (9)

Moved by

Lord Ashton of Hyde

133: Clause 148, page 82, line 40, after “failures” insert “to comply with the data protection legislation”

134: Clause 148, page 82, line 41, leave out paragraph (b) and insert—

“(b) provide for the maximum penalty that may be imposed in relation to such failures to be either...

Moved by

Lord Ashton of Hyde

133: Clause 148, page 82, line 40, after “failures” insert “to comply with the data protection legislation”

134: Clause 148, page 82, line 41, leave out paragraph (b) and insert—

“(b) provide for the maximum penalty that may be imposed in relation to such failures to be either...

Moved by

Lord Ashton of Hyde

138: Clause 152, page 84, line 40, leave out subsection (3)

Moved by

Lord Ashton of Hyde

138: Clause 152, page 84, line 40, leave out subsection (3)

Moved by

Lord Ashton of Hyde

139: Clause 153, page 85, line 27, leave out “prepared” and insert “produced”

140: Clause 153, page 85, line 42, leave out “the guidance” and insert “guidance produced under this section”

141: Clause 153, page 85, line 44, leave out “publishing” and insert “producing”

142: Clause 153, page 86,...

Moved by

Lord Ashton of Hyde

139: Clause 153, page 85, line 27, leave out “prepared” and insert “produced”

140: Clause 153, page 85, line 42, leave out “the guidance” and insert “guidance produced under this section”

141: Clause 153, page 85, line 44, leave out “publishing” and insert “producing”

142: Clause 153, page 86,...

Moved by

Lord Ashton of Hyde

144: After Clause 153, insert the following new Clause—

“Approval of first guidance about regulatory action

(1) When the first guidance is produced under section 153(1)—

(a) the Commissioner must submit the final version to the Secretary of State, and

(b) the Secretary of State must lay the guidance before...

Moved by

Lord Ashton of Hyde

144: After Clause 153, insert the following new Clause—

“Approval of first guidance about regulatory action

(1) When the first guidance is produced under section 153(1)—

(a) the Commissioner must submit the final version to the Secretary of State, and

(b) the Secretary of State must lay the guidance before...

Moved by

Lord Ashton of Hyde

145: Clause 159, page 89, line 15, leave out from “compensation” to end of line 16 and insert “for material or non-material damage), “non-material damage” includes distress”

Moved by

Lord Ashton of Hyde

145: Clause 159, page 89, line 15, leave out from “compensation” to end of line 16 and insert “for material or non-material damage), “non-material damage” includes distress”

Moved by

Lord Ashton of Hyde

146: Clause 160, page 90, line 3, leave out from “loss” to end of line 4 and insert “and damage not involving financial loss, such as distress”

Moved by

Lord Ashton of Hyde

146: Clause 160, page 90, line 3, leave out from “loss” to end of line 4 and insert “and damage not involving financial loss, such as distress”

My Lords, I wanted to ask—

My Lords, I wanted to ask—

We have had the debate already. We should now move to the vote.

We have had the debate already. We should now move to the vote.

I am just asking a question, although I thank the noble Lord for his advice. There is a consequent question, subject to the vote we have just

had, that I think changes the situation. I just wanted to have my noble friend Lord Attlee’s view—

I am just asking a question, although I thank the noble Lord for his advice. There is a consequent question, subject to the vote we have just

had, that I think changes the situation. I just wanted to have my noble friend Lord Attlee’s view—

What would my noble friend’s reaction be if the inquiry that we have just voted for determined that the proposal that he has just made is a foolish one?

What would my noble friend’s reaction be if the inquiry that we have just voted for determined that the proposal that he has just made is a foolish one?

Moved by

Lord Ashton of Hyde

149: Clause 161, page 90, line 18, after “court” insert “or tribunal”

150: Clause 161, page 90, line 28, at end insert “, or

( ) the person acted—

(i) for the special purposes,

(ii) with a view to the publication by a person of any journalistic, academic, artistic or...

Moved by

Lord Ashton of Hyde

149: Clause 161, page 90, line 18, after “court” insert “or tribunal”

150: Clause 161, page 90, line 28, at end insert “, or

( ) the person acted—

(i) for the special purposes,

(ii) with a view to the publication by a person of any journalistic, academic, artistic or...

Moved by

Lord Ashton of Hyde

151A: Clause 162, page 91, line 5, at end insert “and section (Re-identification: effectiveness testing conditions)”

Moved by

Lord Ashton of Hyde

151A: Clause 162, page 91, line 5, at end insert “and section (Re-identification: effectiveness testing conditions)”

My Lords, I turn to the new offence of reidentifying de-identified personal data. As a new clause, with no corresponding parallel in the 1998 Act, it has been a hot topic throughout the passage of the Bill and the Government welcome the insightful debates on it that took place in...

My Lords, I turn to the new offence of reidentifying de-identified personal data. As a new clause, with no corresponding parallel in the 1998 Act, it has been a hot topic throughout the passage of the Bill and the Government welcome the insightful debates on it that took place in...

My Lords, I thank the Minister. We on these Benches had considerable activity from the academic community, security researchers and so on. I am delighted that the Minister has reflected those concerns with the new amendments.

My Lords, I thank the Minister. We on these Benches had considerable activity from the academic community, security researchers and so on. I am delighted that the Minister has reflected those concerns with the new amendments.

My Lords, I echo the noble Lord’s words. We also welcome these amendments. As has been said, this issue was raised by the academic community, whose primary concern was that the way the Bill had originally been phrased would make important security research illegal and weaken data protection for everyone...

My Lords, I echo the noble Lord’s words. We also welcome these amendments. As has been said, this issue was raised by the academic community, whose primary concern was that the way the Bill had originally been phrased would make important security research illegal and weaken data protection for everyone...

I thank the noble Lord, Lord Clement-Jones, for his support on this. I accept that there may be things to look at that the noble Lord, Lord Stevenson, has mentioned. It is better to consider those things properly rather than give an answer off the top of my head at...

I thank the noble Lord, Lord Clement-Jones, for his support on this. I accept that there may be things to look at that the noble Lord, Lord Stevenson, has mentioned. It is better to consider those things properly rather than give an answer off the top of my head at...

Moved by

Lord Ashton of Hyde

152: Clause 162, page 91, line 16, after “court” insert “or tribunal”

153: Clause 162, page 91, line 20, leave out “the person acted in the reasonable belief that”

154: Clause 162, page 91, line 21, at beginning insert “the person acted in the reasonable belief that”

155: Clause...

Moved by

Lord Ashton of Hyde

152: Clause 162, page 91, line 16, after “court” insert “or tribunal”

153: Clause 162, page 91, line 20, leave out “the person acted in the reasonable belief that”

154: Clause 162, page 91, line 21, at beginning insert “the person acted in the reasonable belief that”

155: Clause...

Moved by

Lord Ashton of Hyde

161A: After Clause 162, insert the following new Clause—

“Re-identification: effectiveness testing conditions

(1) For the purposes of section 162, in relation to a person who re-identifies information that is de-identified personal data, “the effectiveness testing conditions” means the conditions in subsections (2) and (3).

(2) The first condition...

Moved by

Lord Ashton of Hyde

161A: After Clause 162, insert the following new Clause—

“Re-identification: effectiveness testing conditions

(1) For the purposes of section 162, in relation to a person who re-identifies information that is de-identified personal data, “the effectiveness testing conditions” means the conditions in subsections (2) and (3).

(2) The first condition...

Moved by

Lord Ashton of Hyde

162: Clause 164, page 93, line 17, leave out paragraph (c)

Moved by

Lord Ashton of Hyde

162: Clause 164, page 93, line 17, leave out paragraph (c)

Moved by

Lord Ashton of Hyde

163: Clause 165, page 93, line 37, after second “as” insert “reasonably”

Moved by

Lord Ashton of Hyde

163: Clause 165, page 93, line 37, after second “as” insert “reasonably”

Moved by

Lord Ashton of Hyde

164: Clause 166, page 94, line 34, leave out “literary or artistic” and insert “artistic or literary”

Moved by

Lord Ashton of Hyde

164: Clause 166, page 94, line 34, leave out “literary or artistic” and insert “artistic or literary”

Moved by

Lord Ashton of Hyde

166: Clause 169, page 95, line 36, leave out from beginning to second “regulations” in line 37 and insert—

“(2) Before making regulations under this Act, the Secretary of State must consult—

(a) the Commissioner, and

(b) such other persons as the Secretary of State considers appropriate.

(2A) Subsection (2)...

Moved by

Lord Ashton of Hyde

166: Clause 169, page 95, line 36, leave out from beginning to second “regulations” in line 37 and insert—

“(2) Before making regulations under this Act, the Secretary of State must consult—

(a) the Commissioner, and

(b) such other persons as the Secretary of State considers appropriate.

(2A) Subsection (2)...

Moved by

Lord Ashton of Hyde

171: Clause 170, page 96, line 29, leave out paragraphs (a) and (b) and insert—

“(a) to amend or replace the definition of “the Data Protection Convention” in section 2;

(b) to amend Chapter 3 of Part 2 of this Act;

(c) to amend Part 4 of this Act;

(d)...

Moved by

Lord Ashton of Hyde

171: Clause 170, page 96, line 29, leave out paragraphs (a) and (b) and insert—

“(a) to amend or replace the definition of “the Data Protection Convention” in section 2;

(b) to amend Chapter 3 of Part 2 of this Act;

(c) to amend Part 4 of this Act;

(d)...

Moved by

Lord Ashton of Hyde

173: Clause 171, page 97, line 8, after “court” insert “or tribunal”

Moved by

Lord Ashton of Hyde

173: Clause 171, page 97, line 8, after “court” insert “or tribunal”

Moved by

Lord Clement-Jones

175: Clause 173, page 98, line 26, at end insert—

“(2A) A body or other organisation which meets the conditions in subsections (3) and (4) may also exercise some or all of the rights under subsection (2) independently of the data subject’s authority.

(2B) Subsection (2A)—

(a) applies in respect of...

Moved by

Lord Clement-Jones

175: Clause 173, page 98, line 26, at end insert—

“(2A) A body or other organisation which meets the conditions in subsections (3) and (4) may also exercise some or all of the rights under subsection (2) independently of the data subject’s authority.

(2B) Subsection (2A)—

(a) applies in respect of...

My Lords, as a result of the vagaries of grouping, redrafting and so on, I am in danger of being the tail that wags the dog on this group of amendments, especially as Amendment 175 deals with the processing of personal data to which the GDPR does not apply. Amendment...

My Lords, as a result of the vagaries of grouping, redrafting and so on, I am in danger of being the tail that wags the dog on this group of amendments, especially as Amendment 175 deals with the processing of personal data to which the GDPR does not apply. Amendment...

My Lords, I am grateful to the noble Lord, Lord Clement-Jones, for his introduction and for paving the way to the comments I want to make. He suggested further reading but I might be able to shorten the reading list for the Minister, because I am going to cite a...

My Lords, I am grateful to the noble Lord, Lord Clement-Jones, for his introduction and for paving the way to the comments I want to make. He suggested further reading but I might be able to shorten the reading list for the Minister, because I am going to cite a...

My Lords, I too want to speak to this amendment, to which I have added my name, and I acknowledge and welcome the support of the Information Commissioner on this issue. I support the collective redress of adults but I specifically want to support the noble Lord, Lord Stevenson, on...

My Lords, I too want to speak to this amendment, to which I have added my name, and I acknowledge and welcome the support of the Information Commissioner on this issue. I support the collective redress of adults but I specifically want to support the noble Lord, Lord Stevenson, on...

My Lords, I am very grateful to noble Lords for their comments. Although I have to say at the outset that we have some reservations about these amendments, I think we might be able to find a way forward this evening. I have listened to the noble Lords, Lord Stevenson...

My Lords, I am very grateful to noble Lords for their comments. Although I have to say at the outset that we have some reservations about these amendments, I think we might be able to find a way forward this evening. I have listened to the noble Lords, Lord Stevenson...

Before the Minister sits down, can I get absolute reassurance from him that this is not pushing it into the future, where it will languish? Will the Government be looking to this review to actually solve the problem that we have put forward on behalf of children?

Before the Minister sits down, can I get absolute reassurance from him that this is not pushing it into the future, where it will languish? Will the Government be looking to this review to actually solve the problem that we have put forward on behalf of children?

It absolutely will not and cannot languish, because we are going to put in the Bill—so on a statutory basis—that this has to be reviewed in two years. It will not languish. As I said, if we were just going to kick it into the long grass, I would not...

It absolutely will not and cannot languish, because we are going to put in the Bill—so on a statutory basis—that this has to be reviewed in two years. It will not languish. As I said, if we were just going to kick it into the long grass, I would not...

My Lords, I thank the Minister for his response and am only sorry that I, rather than the noble Lord, Lord Stevenson, have the privilege of responding. The Minister came back, I thought, very helpfully. The noble Baroness, Lady Kidron, made a

superb case for these rights to be implemented...

My Lords, I thank the Minister for his response and am only sorry that I, rather than the noble Lord, Lord Stevenson, have the privilege of responding. The Minister came back, I thought, very helpfully. The noble Baroness, Lady Kidron, made a

superb case for these rights to be implemented...

To be clear, two years after Royal Assent.

To be clear, two years after Royal Assent.

Let us hope that that is treated as an important timetable. I was interested that the Minister expressed his sympathy—I know that that was genuine—but then went on to talk about risks and pitfalls, and very significant developments, which all sounded a bit timid. I understand that we are in...

Let us hope that that is treated as an important timetable. I was interested that the Minister expressed his sympathy—I know that that was genuine—but then went on to talk about risks and pitfalls, and very significant developments, which all sounded a bit timid. I understand that we are in...

I think it applies to the whole thing, but if I am wrong, I will certainly write to everyone who is here.

I think it applies to the whole thing, but if I am wrong, I will certainly write to everyone who is here.

In that case, I beg leave to withdraw the amendment.

In that case, I beg leave to withdraw the amendment.

Moved by

Lord Stevenson of Balmacara

176: Clause 175, leave out Clause 175 and insert the following new Clause—

“Framework for Data Processing by Government

(1) The Commissioner must prepare a document, called the Framework for Data Processing by Government, which contains guidance about the processing of personal data in connection with the exercise...

Moved by

Lord Stevenson of Balmacara

176: Clause 175, leave out Clause 175 and insert the following new Clause—

“Framework for Data Processing by Government

(1) The Commissioner must prepare a document, called the Framework for Data Processing by Government, which contains guidance about the processing of personal data in connection with the exercise...

My Lords, the Government introduced quite late in the proceedings in Committee a group of amendments that set up a parallel system under which data processing undertaken by government departments could be considered to be governed. Our Amendment 176 attempts to ask some questions, and in that sense it is...

My Lords, the Government introduced quite late in the proceedings in Committee a group of amendments that set up a parallel system under which data processing undertaken by government departments could be considered to be governed. Our Amendment 176 attempts to ask some questions, and in that sense it is...

My Lords, I have only two brief observations to make, one supportive and one otherwise. My supportive observation is that I am very much in favour of the use of the affirmative resolution procedure for the approval of regulations, rather than the negative one. I add in parenthesis that I...

My Lords, I have only two brief observations to make, one supportive and one otherwise. My supportive observation is that I am very much in favour of the use of the affirmative resolution procedure for the approval of regulations, rather than the negative one. I add in parenthesis that I...

My Lords, I hear what the noble Viscount said about the amendment, but the problem is that even the affirmative resolution procedure is not necessarily a good way to test the framework. The noble Lord, Lord Stevenson, was unusually kind about the Government’s framework. As he said, the Secretary of...

My Lords, I hear what the noble Viscount said about the amendment, but the problem is that even the affirmative resolution procedure is not necessarily a good way to test the framework. The noble Lord, Lord Stevenson, was unusually kind about the Government’s framework. As he said, the Secretary of...

But I think that the noble Earl would accept that the last time a negative instrument was prayed against successfully was something

like 1940—certainly a long time ago—and it was about the use of petroleum with open flames.

9.30 pm

But I think that the noble Earl would accept that the last time a negative instrument was prayed against successfully was something

like 1940—certainly a long time ago—and it was about the use of petroleum with open flames.

9.30 pm

My Lords, I am grateful to all those who have participated. I take on board what the noble Lord, Lord Clement-Jones, said about our brief debate on the final day in Committee, so we can do a bit tonight. I hope that by the end I will be able to...

My Lords, I am grateful to all those who have participated. I take on board what the noble Lord, Lord Clement-Jones, said about our brief debate on the final day in Committee, so we can do a bit tonight. I hope that by the end I will be able to...

My Lords, the Minister said that the Information Commissioner was consulted, but what was her view? Can the Minister put on record what the Information Commissioner’s view about the final architecture was? She has made it fairly clear to us that this is not satisfactory, as far as she is...

My Lords, the Minister said that the Information Commissioner was consulted, but what was her view? Can the Minister put on record what the Information Commissioner’s view about the final architecture was? She has made it fairly clear to us that this is not satisfactory, as far as she is...

When I said that she was consulted, I said what I meant. This is one of the few areas in the whole Bill, I think, where we do not have complete agreement with the Information Commissioner. I think that she is worried about complications regarding independence and the extent of...

When I said that she was consulted, I said what I meant. This is one of the few areas in the whole Bill, I think, where we do not have complete agreement with the Information Commissioner. I think that she is worried about complications regarding independence and the extent of...