UK Parliament / Open data

Data Protection and Digital Information Bill

Moved by

Viscount Camrose

122: Schedule 6, page 217, line 27, before “this” insert “section 73(4)(a) or (b) and”

Member’s explanatory statement

This amendment provides that the controller’s duty to inform the Information Commissioner about international transfers of personal data made subject to appropriate safeguards does not apply where a transfer is made to a processor in reliance on paragraph (aa) of section 73(4) of the Data Protection Act 2018 (inserted by an amendment in my name).

123: Schedule 6, page 217, line 28, before “this” insert “section 73(4)(a) or (b) and”

Member’s explanatory statement

This amendment provides that the controller’s duty to document transfers that take place subject to appropriate safeguards does not apply where a transfer is made to a processor in reliance on paragraph (aa) of section 73(4) of the Data Protection Act 2018 (inserted by an amendment in my name).

124: Schedule 6, page 219, line 5, at end insert—

“7A For the italic heading before section 77 substitute “Additional conditions”.

7B (1) Section 77 (conditions for transfers of personal data to persons other than relevant authorities) is amended as follows.

(2) For the heading substitute “Additional conditions for transfers in reliance on section 73(4)(b)”.

(3) In subsection (6), for “other than a relevant authority” substitute “in reliance on section 73(4)(b)”.

(4) In subsection (7)(a), for “other than a relevant authority” substitute “that takes place in reliance on section 73(4)(b)”.”

Member’s explanatory statement

These amendments provide that section 77 of the Data Protection Act 2018 (conditions for certain transfers of personal data to overseas recipients other than relevant authorities) does not apply to transfers to overseas processors made in reliance on paragraph (aa) of section 73(4) of that Act (inserted by an amendment in my name).

125: Schedule 6, page 219, line 7, at end insert—

“(1A) Before subsection (1) insert—

“(A1) Subsections (1) to (6) apply where a transfer to which section 73 applies takes place other than in reliance on section 73(4)(aa).””

Member’s explanatory statement

This amendment provides that a condition described in subsections (1) to (6) of section 78 of the Data Protection Act 2018 (subsequent transfers) does not need to be imposed where a transfer is made to an overseas processor in reliance on paragraph (aa) of section 73(4) of that Act (inserted by an amendment in my name).

126: Schedule 6, page 219, line 8, at end insert—

“(za) omit “Where personal data is transferred in accordance with section 73,”,”

Member’s explanatory statement

This amendment of section 78(1) of the Data Protection Act 2018 (subsequent transfers) is consequential on the amendment in my name inserting subsection (A1) of that section.

127: Schedule 6, page 220, line 13, at end insert—

“(9) At the end insert—

“(7) Where a transfer takes place in reliance on section 73(4)(aa), the transferring controller must make it a condition of the transfer that the data is only to be further transferred to a third country or international organisation where—

(a) the terms of any relevant contract entered into, or authorisation given, by the transferring controller in accordance with section 59 are complied with, and

(b) the further transfer satisfies the requirements in section 73(1).””

Member’s explanatory statement

This amendment describes a condition that must be imposed where a transfer is made to an overseas processor in reliance on paragraph (aa) of section 73(4) of that Act (inserted by an amendment in my name).

Type
Proceeding contribution
Reference
837 cc265-7GC 
Session
2023-24
Chamber / Committee
House of Lords Grand Committee
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