Moved by
Viscount Camrose
157: Clause 49, page 83, line 24, at end insert “: relevant enactments”
Member’s explanatory statement
This amendment is consequential on the amendment in my name inserting section 183B of the Data Protection Act 2018.
158: Clause 49, page 84, line 7, leave out “49” and insert “49(2)”
Member’s explanatory statement
This amendment changes a reference to the day on which clause 49 comes into force to a reference to the day on which subsection (2) of that clause comes into force.
159: Clause 49, page 84, line 19, at end insert—
“(2A) Before section 184 (and the italic heading before it) insert—
“183B Protection of prohibitions and restrictions etc on processing: other enactments
(1) This section is about the relationship between—
(a) a pre-commencement enactment which imposes a duty, or confers a power, to process personal data, and
(b) a provision of the main data protection legislation containing a requirement relating to the processing of personal data.
(2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act).
(3) Where the provision described in subsection (1)(b) is a provision of, or made under, the UK GDPR, section 5(A2) of the European Union (Withdrawal) Act 2018 (assimilated direct legislation subject to domestic enactments) does not apply to the relationship.
(4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision with similar effect to section 183A(1) (or applying that provision) is made in connection with one such relationship but not another.
(5) In this section—
(a) “the main data protection legislation” and “requirement” have the same meaning as in section 183A, and
(b) “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 49(2) of the Data Protection and Digital Information Act 2024 comes into force.
(6) Section 183A(5) applies for the purposes of subsection (1)(a) of this section as it applies for the purposes of section 183A(1).””
Member’s explanatory statement
This amendment provides that certain changes made to the European Union (Withdrawal) Act 2018 by the Retained EU Law (Revocation and Reform) Act 2023 do not alter the relationship between requirements in the data protection legislation and duties or powers to process personal data under other existing legislation.
160: Clause 49, page 84, line 27, leave out “falling within” and insert “listed in”
Member’s explanatory statement
This amendment makes a minor change to new subsection (2A) of section 186 of the Data Protection Act 2018 for consistency with the wording of the existing subsection (1) of that section.
161: Clause 49, page 84, line 30, leave out “falling within subsection (2).” and insert “listed in subsection (2),
and see also section 186A.”
Member’s explanatory statement
This amendment makes a minor change to new subsection (2A) of section 186 of the Data Protection Act 2018 for consistency with the wording of the existing subsection (1) of that section and inserts a cross-reference to new section 186A of that Act (inserted by an amendment of Clause 49 in my name).
162: Clause 49, page 84, line 34, at end insert—
“(3A) After section 186 insert—
“186A Protection of data subject’s rights: further provision
(1) This section is about the relationship between—
(a) a pre-commencement enactment which prohibits or restricts the disclosure of information or authorises the withholding of information, and
(b) a provision of the UK GDPR or this Act listed in section 186(2).
(2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act).
(3) Subsection (1) of section 186 does not apply to the relationship so far as there is a contrary intention, whether express or implied (taking account of, among other things, subsection (2) of this section).
(4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision stating that section 186(1) applies (or with similar effect) is made in connection with one such relationship but not another.
(5) In this section, “pre-commencement enactment” means an enactment passed or made before the day on which section 49(3) of the Data Protection and Digital Information Act 2024 comes into force.””
Member’s explanatory statement
This amendment provides that certain changes made to the European Union (Withdrawal) Act 2018 by the Retained EU Law (Revocation and Reform) Act 2023 do not alter the relationship between certain obligations and rights under the data protection legislation and restrictions on the disclosure of information under other existing legislation.
163: Clause 49, page 84, line 40, at end insert “, and
(c) at the end insert “(and see also section 183B(3) of that Act)”.”
Member’s explanatory statement
This amendment inserts a cross-reference to section 183B(3) of the Data Protection Act 2018 (inserted by an amendment of Clause 49 in my name) into section 5(A3) of the European Union (Withdrawal) Act 2018 (exceptions from provision about the relationship between assimilated direct legislation and domestic enactments). Section 183B(3) creates such an exception.
164: Clause 49, page 84, line 40, at end insert—
“(5) Subsections (2A), (3A) and (4)(c) are to be treated as having come into force on 1 January 2024.”
Member’s explanatory statement
This amendment provides for provision about the relationship between the data protection legislation and existing legislation— in particular, provision about the effect of changes made by the Retained EU Law (Revocation and Reform) Act 2023—to be treated as having come into force when those changes came into force.