Schedule 1 - Lawfulness of processing: recognised legitimate interests

Data Protection and Digital Information Bill – in the House of Commons am 6:00 pm ar 29 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: 266, page 141, line 23, leave out from “processing” to end and insert “falls within paragraph 10”.

This amendment and Amendment 267 are consequential on the insertion of a new definition of “democratic engagement” by Amendment 269.

Amendment 267, page 141, leave out lines 26 and 27 and insert—

“10. Processing falls within this paragraph if—”.

See the explanatory statement for Amendment 266.

Amendment 268, page 141, line 35, leave out from beginning to end of line 5 on page 142 and insert—

“(i) is carried out by a registered political party, and

(ii) is necessary for the purposes of the party’s election activities or democratic engagement activities,”.

This amendment clarifies the types of processing by a registered political party that fall within paragraph 10 of new Annex 1 to the UK GDPR (lawfulness of processing: recognised legitimate interests). See also the definitions inserted by Amendments 269, 273 and 274.

Amendment 269, page 142, line 19, at end insert—

“10A. For the purposes of paragraph 10(a) and (b)—

(a) “democratic engagement activities” means activities whose purpose is to support or promote democratic engagement;

(b) “democratic engagement” means engagement by the public, a section of the public or a particular person with, or with an aspect of, an electoral system or other democratic process in the United Kingdom, either generally or in connection with a particular matter, whether by participating in the system or process or engaging with it in another way;

(c) examples of democratic engagement activities include activities whose purpose is—

(i) to promote the registration of individuals as electors;

(ii) to increase the number of electors participating in elections for elected representatives, referendums or processes for recall petitions in which they are entitled to participate;

(iii) to support an elected representative or registered political party in discharging functions, or carrying on other activities, described in paragraph 10(a) or (b);

(iv) to support a person to become a candidate for election as an elected representative;

(v) to support a campaign or campaigning referred to in paragraph 10(c), (d) or (e);

(vi) to raise funds to support activities whose purpose is described in points (i) to (v);

(d) examples of activities that may be democratic engagement activities include—

(i) gathering opinions, whether by carrying out a survey or by other means;

(ii) communicating with electors.”

This amendment clarifies the meaning of “democratic engagement activities” in new Annex 1 to the UK GDPR (which describes circumstances in which processing of personal data meets the requirement for lawfulness under Article 6 of the UK GDPR).

Amendment 270, page 142, leave out line 20 and insert—

“11. In paragraphs 9 to 14—”.

This amendment is consequential on Amendments 269, 273 and 277.

Amendment 271, page 142, leave out lines 26 and 27.

This amendment is consequential on Amendment 269.

Amendment 272, page 142, line 29, after “13” insert “, 13A”.

This amendment is consequential on Amendment 277.

Amendment 273, page 142, line 29, at end insert—

““election activities” , in relation to a registered political party, means—

(a) campaigning in connection with an election for an elected representative, and

(b) activities whose purpose is to enhance the standing of the party, or of a candidate standing for election in its name, with electors;

“elector” means a person who is entitled to vote in an election for an elected representative or in a referendum;”.

This amendment inserts definitions of terms used in provision inserted by Amendments 268 and 269.

Amendment 274, page 142, line 36, at end insert—

““registered political party” means a person or organisation included in a register maintained under section 23 of the Political Parties, Elections and Referendums Act 2000;

“successful” , in relation to a recall petition, has the same meaning as in the Recall of MPs Act 2015 (see section 14 of that Act).”

This amendment inserts definitions of terms used in provision inserted by Amendments 268, 269 and 277.

Amendment 275, page 142, line 37, after “in” insert

“the definitions of “candidate” and “elected representative” in”.

This minor amendment inserts words specifying that the table in paragraph 12 of new Annex 1 to the UK GDPR is relevant for the purposes of certain definitions in paragraph 11 of that Annex.

Amendment 276, page 143, line 36, at end insert—

“(ga) a mayor for the area of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023section 118A of the Representation of the People Act 1983, as applied by the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67)”.

This amendment adds mayors for the area of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 to the list of elected representatives in new Annex 1 to the UK GDPR (lawfulness of processing: recognised legitimate interests).

Amendment 277, page 144, line 30, at end insert—

“13A. For the purposes of the definition of “elected representative” in paragraph 11, where a member of the House of Commons’s seat becomes vacant as a result of a successful recall petition, that person is to be treated as if they were a member of the House of Commons until the end of the period of 30 days beginning with the day after—

(a) the day on which the resulting by-election is held, or

(b) if earlier, the day on which the next general election in relation to Parliament is held.”—(Sir John Whittingdale.)

This amendment extends the period for which a member of the House of Commons who is the subject of a successful recall petition is treated as an “elected representative” for the purposes of paragraphs of new Annex 1 to the UK GDPR (lawfulness of processing: recognised legitimate interests) relating to democratic engagement.