New Clause 13 - Change to conditions for approval or designation

Data Protection and Digital Information Bill – in the House of Commons am 4:15 pm ar 29 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) This section applies if the Secretary of State revises the DVS trust framework so as to change the conditions which must be met for the approval or designation of a supplementary code.

(2) An approved supplementary code which is affected by the change ceases to be an approved supplementary code at the end of the relevant period unless an application for re-approval of the code is made within that period.

(3) Pending determination of an application for re-approval the supplementary code remains an approved supplementary code.

(4) Before the end of the relevant period the Secretary of State must—

(a) review each designated supplementary code which is affected by the change (if any), and

(b) determine whether it meets the conditions as changed.

(5) If, on a review under subsection (4), the Secretary of State determines that a designated supplementary code does not meet the conditions as changed, the code ceases to be a designated supplementary code at the end of the relevant period.

(6) A supplementary code is affected by a change if the change alters, or adds, a condition which is or would be relevant to the supplementary code when deciding whether to approve it under section (Approval of a supplementary code) or designate it under section (Designation of a supplementary code).

(7) In this section “the relevant period” means the period of 21 days beginning with the day on which the DVS trust framework containing the change referred to in subsection (1) comes into force.

(8) Section (Approval of a supplementary code) applies to re-approval of a supplementary code as it applies to approval of such a code.”—(Sir John Whittingdale.)

This amendment provides that when conditions for approval or designation are changed this requires re-approval of an approved supplementary code and, in the case of a designated supplementary code, a re-assessment of whether the code meets the revised conditions.

Brought up, read the First and Second time, and added to the Bill.