Moved by
Baroness Meacher
96: After Clause 26, insert the following new Clause—
“Victims of specified offences: data-sharing for immigration purposes
(1) The personal data of a victim of a crime mentioned in subsection (3), which is processed for the purpose of that person requesting or receiving support or assistance related to the crime, must not be used for any immigration control purpose without the consent of that person.
(2) The personal data of a witness to crime mentioned in subsection (3), which is processed for the purpose of that person giving information or evidence to assist the investigation or prosecution of the crime, must not be used for any immigration control purpose without the consent of that person.
(3) The crimes referred to in subsections (1) and (2) are—
(a) domestic abuse as defined by section 1 of the Domestic Abuse Act 2021;
(b) an offence under any of sections 2, 2A, 4 or 4A of the Protection from Harassment Act 1997 or section 42A (1) of the Criminal Justice and Police Act 2001;
(c) an offence under any of sections 1, 2 or 4 of the Modern Slavery Act 2015;
(d) an offence under Part 1 of the Sexual Offences Act 2003;
(e) such other offences as specified in regulations made by the Secretary of State.
(4) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 does not apply to personal data processed for the purposes of subsection (1) or (2).
(5) For the purposes of this section, the Secretary of State must publish guidance about the effect of subsections (1) and (2) to—
(a) persons who are victims of or witnesses to the crimes in subsection (3),
(b) persons from whom support or assistance may be requested or received by a victim of crime in the United Kingdom,
(c) persons providing support to, or conducting investigations or prosecutions with the support of, witnesses of crime in the United Kingdom,
(d) persons exercising any function of the Secretary of State in relation to immigration, asylum or nationality, and
(e) persons exercising any function conferred by or by virtue of the Immigration Acts on an immigration officer.
(6) The Secretary of State may from time to time revise any guidance issued under this section.
(7) Before issuing or revising guidance under this section, the Secretary of State must consult—
(a) the Domestic Abuse Commissioner,
(b) the Commissioner for Victims and Witnesses,
(c) the Independent Anti-Slavery Commissioner, and
(d) such other persons as the Secretary of State considers appropriate.
(8) Subsection (7) does not apply in relation to any revisions of the guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(9) A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.
(10) For the purposes of this section—
“consent” means a freely given, specific, informed and unambiguous indication of the individual’s wishes by which the individual, by a statement, signifies agreement to the processing of the personal data.
“immigration” means the exercise of any functions of the Secretary of State and of immigration officers under the Immigration Acts within the meaning of section 61 of the UK Borders Act 2007.
“support or assistance” includes the provision of accommodation, banking services, education, employment, financial or social assistance, healthcare and policing services and any function of a court or prosecuting authority.
“victim”, in relation to a crime, means the particular person who appears to have been affected by the crime, and their dependent, where that dependent is also affected by the crime.”
Member’s explanatory statement
This probing amendment seeks to ensure that the personal data of a victim of a crime is not used for any immigration control purpose without the consent of that person.