My Lords, we welcome the return of data protection to DCMS. The Government’s own Data (Use and Access) Act replaced the “essentially equivalent” test for adequacy for international data transfers with a lower threshold of “not materially lower”. Does the Minister accept that this weaker standard leaves UK citizens’ data more exposed to the gaps in foreign countries’ protections? What monitoring of that effect are the Government carrying out to safeguard real UK sovereignty over our data?

My Lords, we welcome the return of data protection to DCMS. The Government’s own Data (Use and Access) Act replaced the “essentially equivalent” test for adequacy for international data transfers with a lower threshold of “not materially lower”. Does the Minister accept that this weaker standard leaves UK citizens’ data more exposed to the gaps in foreign countries’ protections? What monitoring of that effect are the Government carrying out to safeguard real UK sovereignty over our data?

Moved by

Lord Clement-Jones

92C: Clause 37, page 62, line 24, leave out subsection (7)

Member’s explanatory statement

This probing amendment would remove the power for the Secretary of State to amend this Act by regulations so as to change the consultation and parliamentary scrutiny requirements applying to a code of practice. It responds...

Moved by

Lord Clement-Jones

92C: Clause 37, page 62, line 24, leave out subsection (7)

Member’s explanatory statement

This probing amendment would remove the power for the Secretary of State to amend this Act by regulations so as to change the consultation and parliamentary scrutiny requirements applying to a code of practice. It responds...

My Lords, I think that we are in the final furlong. In moving my Amendment 92C, I will also speak to the closely aligned Amendment 95C under my name. These amendments raise a profound and non-negotiable constitutional principle. They respond directly to the almost always authoritative recommendations of the Delegated...

My Lords, I think that we are in the final furlong. In moving my Amendment 92C, I will also speak to the closely aligned Amendment 95C under my name. These amendments raise a profound and non-negotiable constitutional principle. They respond directly to the almost always authoritative recommendations of the Delegated...

I thank the Minister for her response, which was the reverse of the usual ministerial response—the sting was not in the tail but at the beginning. The end was much more conciliatory, given that she said the Government will consider taking on board the DPRRC’s recommendations before Report. I very...

I thank the Minister for her response, which was the reverse of the usual ministerial response—the sting was not in the tail but at the beginning. The end was much more conciliatory, given that she said the Government will consider taking on board the DPRRC’s recommendations before Report. I very...

My Lords, I was hoping that there would be other contributors—there will be a double-banking on this amendment.

I support Amendment 99, tabled by my noble friend. Throughout our deliberations on this Bill, the Government have placed enormous emphasis on imposing tough, outcomes-based statutory duties on operators and suppliers across our...

My Lords, I was hoping that there would be other contributors—there will be a double-banking on this amendment.

I support Amendment 99, tabled by my noble friend. Throughout our deliberations on this Bill, the Government have placed enormous emphasis on imposing tough, outcomes-based statutory duties on operators and suppliers across our...

My Lords, I too support Amendment 100, in the name of my noble friend Lady Northover, and will add my support to the very

useful speeches from the noble Lords, Lord Vaizey, Lord Birt and Lord Londesborough. I entirely agree with the noble Lord, Lord Vaizey, about the need to...

My Lords, I too support Amendment 100, in the name of my noble friend Lady Northover, and will add my support to the very

useful speeches from the noble Lords, Lord Vaizey, Lord Birt and Lord Londesborough. I entirely agree with the noble Lord, Lord Vaizey, about the need to...

To continue, if the state is going to impose heavy, legally binding supply chain security duties on small businesses, backed by turnover-based fines, the state has a moral and strategic obligation to provide the operational tools needed to meet those standards. By establishing a free, Australian-style digital safety net under...

To continue, if the state is going to impose heavy, legally binding supply chain security duties on small businesses, backed by turnover-based fines, the state has a moral and strategic obligation to provide the operational tools needed to meet those standards. By establishing a free, Australian-style digital safety net under...

Moved by

Lord Clement-Jones

148A: After Clause 52, insert the following new Clause—

“Appeals against decisions under section 50

(1) A person may appeal to the Upper Tribunal against—

(a) a confirmation decision given to the person under section 50;

(b) a decision under section 50 to require the person to pay a penalty;

(c) the amount...

Moved by

Lord Clement-Jones

148A: After Clause 52, insert the following new Clause—

“Appeals against decisions under section 50

(1) A person may appeal to the Upper Tribunal against—

(a) a confirmation decision given to the person under section 50;

(b) a decision under section 50 to require the person to pay a penalty;

(c) the amount...

My Lords, Amendment 148A stands in my name on the Marshalled List. This amendment would address a profound, structural and deeply disturbing gap in the judicial oversight and democratic accountability of the Bill. It represents a direct implementation of the authoritative recommendation of the Select Committee on the Constitution, in...

My Lords, Amendment 148A stands in my name on the Marshalled List. This amendment would address a profound, structural and deeply disturbing gap in the judicial oversight and democratic accountability of the Bill. It represents a direct implementation of the authoritative recommendation of the Select Committee on the Constitution, in...

I thank the Minister for her response and the noble Lords, Lord Vaizey and Lord Markham, for their contributions. I cannot help feeling that the approach to this by the noble Lord, Lord Vaizey, is coloured by his history as a Minister. I can understand that because I saw the...

I thank the Minister for her response and the noble Lords, Lord Vaizey and Lord Markham, for their contributions. I cannot help feeling that the approach to this by the noble Lord, Lord Vaizey, is coloured by his history as a Minister. I can understand that because I saw the...

Moved by

Lord Clement-Jones

164: After Clause 58, insert the following new Clause—

“Computer Misuse Act 1990: statutory defence for cyber security activities

(1) The Secretary of State must, within 12 months of the day on which this Act is passed, carry out and publish a review of whether the introduction of a statutory...

Moved by

Lord Clement-Jones

164: After Clause 58, insert the following new Clause—

“Computer Misuse Act 1990: statutory defence for cyber security activities

(1) The Secretary of State must, within 12 months of the day on which this Act is passed, carry out and publish a review of whether the introduction of a statutory...

My Lords, Amendment 164 is in my name and, I am delighted to say, that of the noble Lord, Lord Arbuthnot of Edrom. Sadly, he is tied up next door with matters of national security—I hope that I am not giving away any secrets—and is unable to speak to this...

My Lords, Amendment 164 is in my name and, I am delighted to say, that of the noble Lord, Lord Arbuthnot of Edrom. Sadly, he is tied up next door with matters of national security—I hope that I am not giving away any secrets—and is unable to speak to this...

I thank the Minister for that response. The noble Lord, Lord Vaizey, said that we know what the Minister will say: that it will be in a future piece of legislation. To that extent, we are pleased that at least we have a commitment to it, but this has been...

I thank the Minister for that response. The noble Lord, Lord Vaizey, said that we know what the Minister will say: that it will be in a future piece of legislation. To that extent, we are pleased that at least we have a commitment to it, but this has been...

My Lords, despite the fact that this is the last group, it is a really important area and this amendment rightly reflects that. We strongly support Amendment 174E. It would introduce a fundamentally elegant and highly necessary cyber security principle that the Bill has otherwise completely ignored: that of data...

My Lords, despite the fact that this is the last group, it is a really important area and this amendment rightly reflects that. We strongly support Amendment 174E. It would introduce a fundamentally elegant and highly necessary cyber security principle that the Bill has otherwise completely ignored: that of data...

My Lords, I will speak to this core group of amendments on incident reporting, in particular to Amendment 165, standing in my name, while addressing the other amendments in this group. First, Amendment 17, which was very cogently set out by the noble Baroness, Lady Neville-Jones, addresses what has emerged...

My Lords, I will speak to this core group of amendments on incident reporting, in particular to Amendment 165, standing in my name, while addressing the other amendments in this group. First, Amendment 17, which was very cogently set out by the noble Baroness, Lady Neville-Jones, addresses what has emerged...

May I interrupt the Minister before she moves on to the next set of amendments? I do not intend to ambush her as regards her amendments this time around, but I seek an assurance, given that there seems to be quite a philosophical difference between her amendments today and those...

May I interrupt the Minister before she moves on to the next set of amendments? I do not intend to ambush her as regards her amendments this time around, but I seek an assurance, given that there seems to be quite a philosophical difference between her amendments today and those...

Full house.

Full house.

My Lords, I very strongly support this set of amendments on the staged notification of incidents. This is a significant group of amendments from the noble Baroness, Lady Harding, and so well supported by the noble Baroness, Lady Kidron, and the noble Lord, Lord Holmes; he has illustrated this extremely...

My Lords, I very strongly support this set of amendments on the staged notification of incidents. This is a significant group of amendments from the noble Baroness, Lady Harding, and so well supported by the noble Baroness, Lady Kidron, and the noble Lord, Lord Holmes; he has illustrated this extremely...

My Lords, before the noble Baroness, Lady Harding, stands up, I heard what the Minister had to say about consulting across sectors. I was reminded that, at Second Reading, I mentioned the fact that the law firm with which I am associated, DLA Piper, was subjected to a NotPetya ransomware...

My Lords, before the noble Baroness, Lady Harding, stands up, I heard what the Minister had to say about consulting across sectors. I was reminded that, at Second Reading, I mentioned the fact that the law firm with which I am associated, DLA Piper, was subjected to a NotPetya ransomware...

My Lords, I, too, support these customer notification amendments tabled by the noble Baroness, Lady Harding of Winscombe. As I have said, the noble Baroness brings vital lived experience, in more ways than I thought, from the front line of corporate crisis response. When a major cyber breach occurs, vague...

My Lords, I, too, support these customer notification amendments tabled by the noble Baroness, Lady Harding of Winscombe. As I have said, the noble Baroness brings vital lived experience, in more ways than I thought, from the front line of corporate crisis response. When a major cyber breach occurs, vague...