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Lord Elton: My Lords, curiosity has drawn me into a debate in which I had not intended to participate. I note that Amendment No. 65 purports to remove subsection (7) from Clause 49. That amendment is grouped with the amendment that we are now discussing, and the noble Baroness said that she was speaking to the whole group. I do not believe that it is germane to the questions that we are asking. I believe that it would be quite appropriate for the registrar to make this report, but, in any case, if no arguments are put forward in support of the amendment I am sure that noble Lords will not accept it.

Baroness Nicholson of Winterbourne: My Lords, the noble Lord, Lord Elton, in his very helpful intervention, may not have had sufficient time to examine Amendment No. 66.

Lord Williams of Mostyn: My Lords, this group of amendments comprises Amendments Nos. 60, 63,

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65, 66, 71 and 77. We had an interesting and informed discussion in Grand Committee on the issues to which the noble Baroness has returned this evening. We pointed to the Bill's requirements for personal data to be processed lawfully and fairly and explained that such processing could only be done lawfully by government departments under the royal prerogative, the authority of statute or common law. We said that we would carefully consider the general approach which the noble Baroness deployed.

There have been very useful discussions between officials, the registrar, the noble Baroness and others. Therefore, we are perfectly content to welcome Amendments Nos. 60, 63, 65, 66 and 77. We believe that there is a difference in respect of Amendment No. 71, and it is certainly not the awkward squad from which I take my endorsement. The noble Earl, who is very knowledgeable on these matters, said in Committee that we needed to have a sensible regime that was not too inflexible and therefore unworkable either for industry or data subjects. We do not believe that we need the provision set out in Amendment No. 71 because we have moved flexibly towards a good deal, if not virtually all, of what the noble Baroness sought. Therefore, I respectfully invite her not to press Amendment No. 71 but to be content with something that is larger than a small mercy; namely, the acceptance, if your Lordships think it appropriate, of Amendments Nos. 60, 63, 65, 66 and 77.

Baroness Nicholson of Winterbourne: My Lords, I am most grateful to the Government. I appreciate the initial response of the Minister when I raised this subject in Grand Committee. I fully appreciate that this subject takes considerable thought. I also recognise the hard work that has gone into this matter and the consultation that the Minister has so kindly enabled me to have. He properly suggests that with the acceptance of Amendments Nos. 60, 63, 65, 66 and 77 Amendment No. 71 becomes superfluous. Therefore, I shall not move that amendment.

Viscount Astor: My Lords, before the noble Baroness sits down, since my name appears against Amendment No. 71 perhaps I may say how grateful I am to the Government for their response. Certainly, the other amendments go a long way towards addressing the concerns.

On Question, amendment agreed to.

Lord Williams of Mostyn moved Amendment No. 61:


Page 28, line 18, after ("so") insert ("and after such consultation with trade associations, data subjects or persons representing data subjects as appears to him to be appropriate,").

On Question, amendment agreed to.

[Amendment No. 62 not moved.]

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Baroness Nicholson of Winterbourne moved Amendment No. 63:


Page 28, line 28, at end insert--
("( ) An order under subsection (3)(a) shall describe the personal data or processing to which the code of practice is to relate, and may also describe the persons or classes of persons to whom it is to relate.").

On Question, amendment agreed to.

[Amendment No. 64 not moved.]

Baroness Nicholson of Winterbourne moved Amendment No. 65:


Page 29, line 4, leave out subsection (7).

On Question, amendment agreed to.

Baroness Nicholson of Winterbourne moved Amendment No. 66:


After Clause 49, insert the following new clause--

Reports and codes of practice to be laid before Parliament

(".--(1) The Commissioner shall lay annually before each House of Parliament a general report on the exercise of his functions under this Act.
(2) The Commissioner may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.
(3) The Commissioner shall lay before each House of Parliament any code of practice prepared under section 49(3)(a) for complying with a direction of the Secretary of State, unless the code is included in any report laid under subsection (1) or (2).").

On Question, amendment agreed to.

Clause 51 [International co-operation]:

Lord Falconer of Thoroton moved Amendments Nos. 67 and 68:


Page 30, line 11, leave out from ("Kingdom") to end of line 14 and insert--
("( ) The Commissioner shall, if so directed by the Secretary of State, provide any authority exercising data protection functions under the law of a colony specified in the direction with such assistance in connection with the discharge of those functions as the Secretary of State may direct or approve, on such terms (including terms as to payment) as the Secretary of State may direct or approve.").
Page 30, line 28, at end insert--
(""data protection functions" means functions relating to the protection of individuals with respect to the processing of personal information.").

On Question, amendments agreed to.

Clause 54 [Confidentiality of information]:

Lord Falconer of Thoroton moved Amendments Nos. 69 and 70:


Page 31, line 23, leave out subsections (1) and (2) and insert--
("(1) No person who is or has been the Commissioner, a member of the Commissioner's staff or an agent of the Commissioner shall disclose any information which--
(a) has been obtained by, or furnished to, the Commissioner under or for the purposes of this Act,
(b) relates to an identified or identifiable individual or business, and
(c) is not at the time of the disclosure, and has not previously been, available to the public from other sources,
unless the disclosure is made with lawful authority.

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(2) For the purposes of subsection (1) a disclosure of information is made with lawful authority only if, and to the extent that--
(a) the disclosure is made with the consent of the individual or of the person for the time being carrying on the business,
(b) the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of this Act,
(c) the disclosure is made for the purposes of, and is necessary for, the discharge of--
(i) any functions under this Act, or
(ii) any Community obligation,
(d) the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, this Act or otherwise, or
(e) having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary for reasons of substantial public interest.").
After Clause 56, insert the following new clause--
Amendments of Consumer Credit Act 1974

(".--(1) In section 158 of the Consumer Credit Act 1974 (duty of agency to disclose filed information)--
(a) in subsection (1)--
(i) in paragraph (a) for "individual" there is substituted "partnership or other unincorporated body of persons not consisting entirely of bodies corporate", and
(ii) for "him" there is substituted "it",
(b) in subsection (2), for "his" there is substituted "the consumer's", and
(c) in subsection (3), for "him" there is substituted "the consumer".
(2) In section 159 of that Act (correction of wrong information) for subsection (1) there is substituted--
"(1) Any individual (the "objector") given--
(a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or
(b) information under section 158,
who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it."
(3) In subsections (2) to (6) of that section--
(a) for "consumer", wherever occurring , there is substituted "objector", and
(b) for "Director", wherever occurring, there is substituted "the relevant authority".
(4) After subsection (6) of that section there is inserted--
"(7) The Data Protection Commissioner may vary or revoke any order made by him under this section.
(8) In this section "the relevant authority" means--
(a) where the objector is a partnership or other unincorporated body of persons, the Director, and
(b) in any other case, the Data Protection Commissioner."
(5) In section 160 of that Act (alternative procedure for business consumers)--
(a) in subsection (4)--
(i) for "him" there is substituted "to the consumer", and
(ii) in paragraphs (a) and (b) for "he" there is substituted "the consumer" and for "his" there is substituted "the consumer's", and
(b) after subsection (6) there is inserted--
"(7) In this section "consumer" has the same meaning as in section 158." ").

On Question, amendments agreed to.

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[Amendment No. 71 not moved.]

Clause 60 [Orders, regulations and rules]:


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