Clause 71 - Enforcement of data regulations

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

Amendments made: 145, page 95, leave out lines 4 to 7 and insert—

“(a) for the purpose of monitoring compliance with data regulations or requirements imposed in exercise of a power conferred by regulations under this Part, and

(b) for the enforcement of data regulations or such requirements,”

including provision for monitoring or enforcement by a specified public authority (an “enforcer”).”

This amendment makes clear that an enforcer’s powers may include powers to monitor, as well as enforce, requirements.

Amendment 146, page 95, line 11, after “of” insert “documents or”.

This amendment makes clear that regulations under Part 3 may confer powers on enforcers to require documents (as well as information) to be provided.

Amendment 147, page 95, line 11, after “information,” insert—

“(aa) powers to require an individual to attend at a place and answer questions,”.

This amendment enables regulations under Part 3 to confer power on an enforcer to require people to answer questions in interviews.

Amendment 148, page 95, line 28, after “regulations” insert

“, a requirement imposed in exercise of a power conferred by regulations under this Part”.

This amendment enables regulations under Part 3 to confer power on an enforcer to publicly censure a person who fails to comply with a requirement imposed on them in exercise of power conferred by such regulations.

Amendment 149, page 95, line 29, leave out from “with” to second “in” in line 30 and insert

“an unlimited fine, or a fine not exceeding a specified amount,”.

This amendment removes words which are unnecessary given the definition of “specified” (in clause 81), which refers to matters specified in regulations under Part 3. See also amendment 195 (which amends that definition).

Amendment 150, page 95, line 34, at end insert “, an interface body”.

This amendment enables regulations under Part 3 to create an offence in respect of an act or omission which prevents an interface body (see new clause NC27) from accessing information, documents, equipment or other material.

Amendment 151, page 95, line 41, at end insert—

“(ba) a failure to comply with a requirement imposed in exercise of a power conferred by regulations under this Part;”.

This amendment enables regulations under Part 3 to provide for a financial penalty to be imposed for a failure to comply with a requirement imposed in exercise of a power conferred by such regulations.

Amendment 152, page 96, line 13, leave out “enforcement under the regulations” and insert

“monitoring or enforcement described in subsection (1)”.

This amendment is consequential on Amendment 145.

Amendment 153, page 96, line 18, leave out

“carried out by a specified person”

and insert “exercised by another person”.

See the explanatory statement for Amendment 142.

Amendment 154, page 96, line 28, leave out “to produce and publish” and insert “—

(a) to produce”.

See the explanatory statement for Amendment 155.

Amendment 155, page 96, line 31, at end insert—

“(b) to publish the guidance, and

(c) to provide copies to specified persons.”—(Sir John Whittingdale.)

This amendment and Amendment 154 make clear that regulations under Part 3 may require an enforcer to provide copies of its guidance.