Clause 73 - Financial penalties

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: 158, page 98, line 5, leave out subsection (2) and insert—

“(2) The regulations must provide for the amount of a financial penalty to be—

(a) a specified amount or an amount determined in accordance with the regulations, or

(b) an amount not exceeding such an amount,

unless section (The FCA and financial services interfaces: penalties and levies) confers power to provide otherwise.”

This amendment makes clear that regulations under Part 3 may specify the maximum amount of a financial penalty (or a method for determining that) instead of specifying the amount itself (or a method for determining that). It is also consequential on new clause NC30.

Amendment 159, page 98, line 8, leave out “issue” and insert “produce”.

See the explanatory statement for Amendment 160.

Amendment 160, page 98, line 11, at end insert—

“(aa) requiring an enforcer to publish the guidance and to provide copies to specified persons;”.

This amendment and Amendment 159 make clear that regulations under Part 3 may require an enforcer to provide copies of its guidance.

Amendment 161, page 98, line 27, leave out “circumstances specified in the regulations” and insert “specified circumstances”.

This amendment simplifies some wording which relies on the definition of “specified” in clause 81.

Amendment 162, page 98, line 29, leave out from “increased” to end of line 31 and insert “in the event of late payment by—

(i) a specified amount or an amount determined in accordance with the regulations, or

(ii) an amount not exceeding such an amount;”.—(Sir John Whittingdale.)

This amendment makes clear that regulations under Part 3 may specify the maximum amount by which a financial penalty may be increased in the event of late payment.