Moved by
Viscount Camrose
128: Schedule 7, page 221, line 5, at end insert—
“6A In Article 46(2)(d) (transfers subject to appropriate safeguards: standard data protection clauses), after “Commissioner” insert “for the purposes of this Article”.”
Member’s explanatory statement
This amendment is consequential on the amendment in my name inserting amendments of section 119A of the Data Protection Act 2018 into Schedule 7 to the Bill.
129: Schedule 7, page 221, line 30, leave out paragraph 17 and insert—
“16A In section 75 (transfers on the basis of appropriate safeguards), after subsection (7) (inserted by Schedule 6 to this Act) insert—(8)For provision about standard data protection clauses which the Commissioner considers are capable of securing that the data protection test in this section is met, see section 119A.
16B In section 78A (law enforcement processing: national security exemption) (inserted by section 28 of this Act), in subsection (2)(e), after sub-paragraph (i) insert—(ia)section 119A (standard clauses for transfers to third countries);.
17 (1) Section 119A (power of Information Commissioner to specify standard clauses for transfers to third countries etc providing appropriate safeguards) is amended as follows.
(2) In subsection (1), for the words from “provide” to the end substitute “are capable of securing that the data protection test set out in Article 46 of the UK GDPR or section 75 of this Act (or both) is met in relation to transfers of personal data”.
(3) In subsection (3), after paragraph (a) insert—
“(aa) may make provision generally or in relation to types of transfer described in the document,”.”
Member’s explanatory statement
This amendment enables the Information Commissioner to exercise the power under section 119A of the Data Protection Act 2018 (power to issue standard data protection clauses) to issue clauses for use in making transfers of personal data in reliance on section 75 of that Act (transfers subject to appropriate safeguards). It also makes consequential changes.