Moved by
Viscount Camrose
117: Schedule 6, page 212, line 27, leave out “In section 72 (overview and interpretation),” and insert—
“(1) Section 72 (overview and interpretation) is amended as follows.
(2) In subsection (1)(b)—
(a) for “the special conditions that apply” substitute “additional conditions that apply in certain cases”, and
(b) after “organisation” insert “(see section 73(4)(b))”.
Member’s explanatory statement
This amendment is consequential on the amendment in my name inserting amendments of section 77 of the Data Protection Act 2018 into Schedule 6 to the Bill.
118: Schedule 6, page 213, line 20, at end insert—
“(1A) Before subsection (1) insert—
“(A1) This section applies in relation to a transfer of personal data to a third country or international organisation for a law enforcement purpose.””
Member’s explanatory statement
See the explanatory statement to the amendment in my name to Schedule 6, page 213, line 22.
119: Schedule 6, page 213, line 22, leave out paragraphs (a) and (b) and insert—
“(a) for the words before paragraph (a) substitute “The controller in relation to the transfer must secure that the transfer takes place only if—”,”
Member’s explanatory statement
This amendment, and the amendment in my name to Schedule 6, page 213, line 20, make changes to reflect the fact that the duty to comply with the general principles in section 73 of the Data Protection Act 2018 falls on the controller by or on whose behalf the transfer is made.
120: Schedule 6, page 213, line 37, at end insert—
“(3A) In subsection (4)—
(a) after paragraph (a) (but before the final “or”) insert—
“(aa) the intended recipient is a person in a third country who—
(i) is not a person described in paragraph (a), but
(ii) is a processor whose processing, on behalf of the controller, of the personal data transferred is governed by, or authorised in accordance with, a contract with the controller that complies with section 59,”, and
(b) in paragraph (b)(i), for “other than a relevant authority” substitute “who is not a person described in paragraph (a) or (aa)”.”
Member’s explanatory statement
This amendment inserts a further means of satisfying Condition 3 in section 73 of the Data Protection Act 2018 (conditions for international transfers of personal data by competent authorities for law enforcement purposes). Condition 3 relates to the intended recipient of the personal data.