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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.
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.
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,").
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.").
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.").
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.
(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--