Moved by
Baroness Morgan of Cotes
95: After Clause 26, insert the following new Clause—
“Victims’ rights in relation to data
(1) The UK GDPR is amended as follows.
(2) In Article 21 (right to object), after paragraph 1, insert—
“1A. The data subject shall have the right to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her, or a third party where that party is a child for whom they have parental responsibility, which is based on points (a) to (f) of Article 6(1), including profiling based on those provisions, if exceptional circumstances apply.
1B. The exceptional circumstances mentioned in paragraph 1A are—
(a) that the processing of the data was connected to, or reliant upon, conduct which could reasonably be suspected to constitute a criminal offence, or
(b) that the processing of the data was connected to, or reliant upon, conduct which could reasonably be considered as being intended to cause harassment, alarm or distress to the data subject or another living individual.
1C. The Secretary of State may by regulations subject to the affirmative resolution procedure prescribe other exceptional circumstances where the right to object mentioned in paragraph 1A applies.”
(3) In Article 17 (right to erasure (“right to be forgotten”)), after paragraph 1(c), insert—
“(ca) the data subject objects to the processing pursuant to Article 21(1A).””
Member’s explanatory statement
This amendment would allow victims of third party harassment to request the deletion of any personal data which was gathered or held as part of activity which could be considered criminal conduct. The aim of this amendment is to prevent third party reporting from causing ongoing distress to victims.