My Lords, this is the first group of amendments specific to Part 7 of the Bill, which relates to bulk personal datasets. In moving government Amendment 218 I shall speak also to Amendments 219, 226 and 232.
The Government agreed in the other place that we should provide further restrictions on the use of class BPD warrants, and the new clause provided by Amendment 219 and the consequential changes made by Amendments 218 and 232 honour that commitment.
This builds on Clause 187, “Additional safeguards for health records”, previously introduced in the other place. That clause states that a dataset that includes health records can be retained under a specific BPD warrant only if there are exceptional and compelling circumstances to do so.
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The proposed new clause introduced here makes clear that a class BPD warrant cannot be used if the dataset consists of health records or if a substantial proportion of the dataset consists of sensitive personal data. Nor can a class BPD warrant be used if a dataset raises novel or contentious issues that ought to be considered by the Secretary of State and a judicial commissioner. It is right that the Bill offers the strongest protections to the most sensitive datasets that the agencies hold; this new clause and consequential amendments in this grouping, and indeed the subsequent grouping, reflect that.
This proposed new clause responds to the constructive engagement we have had with the Intelligence and Security Committee and in the other place. I therefore commend these amendments to the Committee.
Amendment 226 is separate to these amendments. It is a minor technical amendment to bring the drafting of Clause 189 into line with wording in other equivalent provisions in the Bill. I commend that amendment to the Committee. I beg to move.