Data Protection and Digital Information Bill

My Lords, I rise to speak to Amendments 13 and 15. Before I do, let me say that I strongly suppor...

My Lords, I support the noble Baroness, Lady Kidron, in Amendments 13 and 15, to which I have add...

My Lords, I thank noble Lords who have spoken to this group. As ever, I am grateful to the Delega...

My Lords, I rise to speak to Amendments 11, 12, 13, 14, 15, 16, 17 and 18 and to whether Clauses ...

My Lords, may I just revisit that with the Minister? I fear that he is going to move on to anothe...

Indeed. Needless to say, we take the recommendations of the DPRRC very seriously, as they deserve...

My Lords, am I to take it from that that none of the changes currently in the Bill will expose ch...

As is the case today and will be going forward, direct marketing organisations will be required t...

I am sorry if I am a little confused—I may well be—but the balancing test that is no longer going...

The balancing test remains there for legitimate interests, under Article 6(1)(f).

Amendment...

My first reaction is “Phew”, my Lords. We are all having to keep to time limits now. The Minister...

Moved by

Baroness Jones of Whitchurch

19: Schedule 1, page 192, line 21, leave out fr...

My Lords, Amendment 19 is consequential on my more substantive Clauses 114 and 115 stand part not...

My Lords, I follow the noble Baroness, Lady Jones of Whitchurch, with pleasure, as I agree with e...

My Lords, this weekend, as I was preparing for the amendments to which I have put my name, I made...

My Lords, it is a pleasure to follow the noble Baroness, Lady Harding and Lady Bennett, after the...

My Lords, I thank the noble Baroness, Lady Jones, for tabling her amendments. Amendment 19 would ...

I am interested in what the Minister says about the age of attainers. Surely it would be possible...

Indeed. It is certainly worth looking at, but I remind noble Lords that such communications have ...

But what is the test of necessity at that age?

The processor has to determine whether it is necessary to the desired democratic engagement outco...

As I recall, the ages are on the electoral register.

I am not aware one way or the other, but I will happily look into that to see what further safegu...

May I make a suggestion to my noble friend the Minister? It might be worth asking the legal peopl...

My Lords, this whole area of democratic engagement is one that the Minister will need to explain ...

The Minister mentioned a presumption that the ICO will update its guidance. Is there a timeframe ...

Before the Minister replies, we may as well do the full round. I agree with him, in that I very m...

I agree with the noble Baroness, but with one rider. We will keep coming back to the need for chi...

A fair number of points were made there. I will look at ages under 16 and see what further steps,...

I am sorry to press the Minister, but does the Bill state that guidance will be in place before t...

I am not sure whether it is written in the Bill. I will check, but the Bill would not function wi...

I am sorry to drag this out but, on the guidance, can we be assured that the Minister will involv...

I would of course be very happy to continue to engage with the Electoral Commission.

We wil...

My Lords, I am pleased that I have sparked such a lively debate. When I tabled these amendments, ...

Moved by

Viscount Camrose

20: Clause 6, page 8, leave out lines 20 to 22 and insert—<...

My Lords, I rise to speak to a series of minor and technical, yet necessary, government amendment...

My Lords, I know that these amendments were said to be technical amendments, so I thought I would...

My Lords, I must congratulate the noble Lord, Lord Kamall. Amid a blizzard of technical and minor...

I should also declare an interest. I apologise that I did not do so earlier. I worked with a thin...

My Lords, I have been through this large group and, apart from my natural suspicion that there mi...

I thank the noble Lords, Lord Kamall and Lord Bassam, for their engagement with this group. On th...

I am sorry to intervene as I know that noble Lords want to move on to other groups, but the Minis...

The Information Commissioner is directly accountable to Parliament in that he makes regular appea...

I want to be helpful to the Minister. I appreciate that these questions are probably irritating b...

Indeed. I will make absolutely sure that we provide a full answer. By the way, I sincerely thank ...

On the question of the ICO being responsible to Parliament, in the then Online Safety Bill and th...

I would be happy to provide such an expression. I will be astonished if that is not the subject o...

In which case, you are warned.

Moved by

Baroness Jones of Whitchurch

24: Clause 9, page 17, leave out line 33

...

My Lords, in moving Amendment 24, I will speak also to Amendment 26. I welcome the amendments in ...

My Lords, I will say a little bit about my intention to delete this clause altogether. Clause 9 s...

My Lords, it is a pleasure to follow the noble Lord, Lord Sikka. He raised even more questions ab...

As ever, I thank noble Lords for raising and speaking to these amendments. I start with the stand...

From looking at the wording of the Members’ explanatory statements for wishing to leave out Claus...

If that is the case and this is a dilution, is this where the Government think they will get the ...

I apologise for intervening, but the Minister referred to resources. By that, he means the resour...

First, on the point made by the noble Lord, Lord Bassam, it is not to be argumentative—I am sure ...

But the two terms have a different legal meaning, surely.

The actual application of the terms will be set out in guidance by the ICO but the intention is t...

My Lords—sorry; it may be that the Minister was just about to answer my question. I will let him ...

I will have to go back to the impact assessment but I would be astonished if that was a significa...

It would be very useful to have the Minister respond on that but, of course, as far as the impact...

My Lords, can we join in with the request to see that information in a letter? We would like to s...

The noble Baroness, Lady Jones, has given me an idea: if an impact assessment has been made, clau...

I am not quite sure what is being requested because the impact assessment has been not only made ...

Yes, but it is a very broad impact assessment.

I see—so noble Lords would like an analysis of the different components of the impact assessment....

That begs the question of where on earth the rest is coming from.

Which I will be delighted to answer. With this interesting exchange, I have lost in my mind the s...

My apologies. The Minister just said that the Government do not collect the data. Therefore, what...

The Government do not collect details of private interactions between those raising SARs and the ...

I hope that the Government have some data about government departments and the public bodies over...

As I say, I do not accept that the threshold is being lowered. On the other hand, I will undertak...

The Minister used the phrase “reasonable fee”. Can he provide some clues on that, especially for ...

“Reasonable” would be set out in the guidance to be created by the ICO but it would need to refle...

I thank all noble Lords who have spoken in this debate. I am grateful to my noble friend Lord Sik...

Moved by

Baroness Harding of Winscombe

27: Clause 11, page 23, line 10, leave out “to...

My Lords, in moving Amendment 27 in my name, I will also express my support for Amendments 28 to ...

My Lords, I support Amendments 27 to 34, tabled variously by my noble friend Lady Harding, and th...

My Lords, I am extremely grateful to the noble Baroness, Lady Harding, and the noble Lord, Lord B...

My Lords, I rise briefly to support the amendments in the name of my noble friend Lady Harding an...

My Lords, I can also be relatively brief. I thank all noble Lords who have spoken and the noble B...

I thank my noble friend Lady Harding for moving this important amendment. I also thank the cosign...

I wonder whether I heard my noble friend correctly. He said “may”, “could” and “not currently con...

On the first point, I used the words carefully because the Government cannot instruct the ICO spe...

My Lords, I am not quite getting from the Minister whether he has an understanding of and sympath...

Yes. I repeat that I very much recognise the seriousness of the case. There is a balance to be dr...

My Lords, I am not quite sure that I understand where my noble friend the Minister is on this iss...

Moved by

Lord Bassam of Brighton

36: Clause 14, page 26, line 10, after “processing” ...

My Lords, this is the first group of amendments covering issues relating to automated decision-ma...

My Lords, it is a pleasure to follow the noble Lord, Lord Bassam, who has already set out very cl...

My Lords, the number of amendments proposed to Clause 14 reflects the Committee’s very real conce...

My Lords, we have heard some powerful concerns on this group already. This clause is in one of th...

As ever, I thank the noble Baroness, Lady Jones, and the noble Lord, Lord Clement-Jones, for thei...

My Lords, could I just interrupt the Minister? It may be that he can get an answer from the Box t...

That is a fair question. I must confess that I do not know the answer. There will be mechanisms i...

That means no compliance mechanism.

I am not sure I agree with that characterisation. The ATRS is a relatively new development. It ne...

The Minister has taken us through what Clause 14 does and rebutted the need for anything other th...

As I said, the intent of the Government is: yes to more automated data processing to take advanta...

My Lords, I said at the outset that I thought this was the beginning of a particular debate, and ...

Moved by

Lord Bassam of Brighton

41: Clause 14, page 26, line 21, at end insert—

My Lords, this group, in which we have Amendments 41, 44, 45, 49, 50, 98A and 104A and have cosig...

My Lords, the amendments in this group highlight that Clause 14 lacks the necessary checks and ba...

My Lords, I will speak to my Amendment 48. By some quirk of fate, I failed to sign up to the amen...

I thank noble Lords and the noble Baroness for their further detailed consideration of Clause 14....

Can the Minister give me an indication of the level at which that kicks in? For example, say ther...

In that example, where a child was subject to a solely ADM decision, the school would be required...

We may come on to this when we get to edtech but a lot of those decisions are happening automatic...

It may be either the controller or the processor but for any legal or similarly significant decis...

I hear what the Minister said about the workplace algorithmic assessment. However, if the Governm...

I would not say it is not right, but if we want to make the ATRS a standard, we should make it a ...

So would the Minister not be averse to it? It is merely so that the public sector is ahead of the...

I am not philosophically averse to such regulation. As to implementing it in the immediate future...

My Lords, this has been an interesting and challenging session. I hope that we have given the Min...

Moved by

Viscount Camrose

42: Clause 14, page 26, line 22, leave out from “on” to “ma...