Data Protection Bill [H.L.]

This is the Data Protection Bill [H.L.], as introduced in the House of Lords on 14 January 1998.
 
EXPLANATORY AND FINANCIAL MEMORANDUM
 
 
Data Protection Bill [H.L.]
 
 
 
ARRANGEMENT OF CLAUSES

PART I
PRELIMINARY
Clause
1. Basic interpretative provisions.
2. Sensitive personal data.
3. The special purposes.
4. The data protection principles.
5. Application of Act.
6. The Commissioner and the Tribunal.

PART II
RIGHTS OF DATA SUBJECTS
7. Right of access to personal data.
8. Provisions supplementary to section 7.
9. Right to prevent processing likely to cause damage or distress.
10. Right to prevent processing for purposes of direct marketing.
11. Compensation for failure to comply with certain requirements.
12. Rectification, blocking, erasure and destruction.
13. Automated decision-taking.
14. Jurisdiction and procedure.

PART III
NOTIFICATION BY DATA CONTROLLERS
15. Preliminary.
16. Prohibition on processing without registration.
17. Notification by data controllers.
18. Register of notifications.
19. Duty to notify changes.
20. Offences.
21. Preliminary assessment by Commissioner.
22. Power to make provision for appointment of data protection supervisors.
23. Duty of certain data controllers to make certain information available.
24. Functions of Commissioner in relation to making of notification regulations.
25. Fees regulations.

PART IV
EXEMPTIONS
26. Preliminary.
27. National security.
28. Crime and taxation.
29. Health and social work.
30. Regulatory activity.
31. Journalism, literature and art.
32. Research, history and statistics.
33. Information available to the public by or under enactment.
34. Disclosures required by law or made in connection with legal proceedings etc.
35. Domestic purposes.
36. Miscellaneous exemptions.
37. Powers to make further exemptions by order.

PART V
ENFORCEMENT
38. Enforcement notices.
39. Cancellation of enforcement notice.
40. Request for assessment.
41. Information notices.
42. Special information notices.
43. Determination by Commissioner as to the special purposes.
44. Restriction on enforcement in case of processing for the special purposes.
45. Failure to comply with notice.
46. Rights of appeal.
47. Determination of appeals.
48. Powers of entry and inspection.

PART VI
MISCELLANEOUS AND GENERAL
Functions of Commissioner
49. General duties of Commissioner.
50. Assistance by Commissioner in cases involving processing for the special purposes.
51. International co-operation.

Unlawful obtaining etc. of personal data
52. Unlawful obtaining etc. of personal data.

Information provided to Commissioner or Tribunal
53. Disclosure of information.
54. Confidentiality of information.

General provisions relating to offences
55. Prosecutions and penalties.
56. Liability of directors etc.

General
57. Application to Crown.
58. Service of notices.
59. Exercise of rights in Scotland by children.
60. Orders, regulations and rules.
61. Supplementary definitions.
62. Index of defined expressions.
63. Minor and consequential amendments and repeals and revocations.
64. Short title, commencement and extent.

SCHEDULES:
    SCHEDULE 1 - The data protection principles.
    Part I - The principles.
    Part II - Interpretation of the principles in Part I.
    SCHEDULE 2 - Conditions relevant for purposes of the first principle: processing of any personal data.
    SCHEDULE 3 - Conditions relevant for purposes of the first principle: processing of sensitive personal data.
    SCHEDULE 4 - Cases where the eighth principle does not apply.
    SCHEDULE 5 - The Data Protection Commissioner and the Data Protection Tribunal.
    Part I - The Commissioner.
    Part II - The Tribunal.
    Part III - Transitional provisions.
    SCHEDULE 6 - Appeal proceedings.
    SCHEDULE 7 - Miscellaneous exemptions.
    SCHEDULE 8 - Powers of entry and inspection.
    SCHEDULE 9 - Further provisions relating to assistance under section 50.
    SCHEDULE 10 - Minor and consequential amendments.
    SCHEDULE 11 - Repeals and revocations.
    Part I - Repeals.
    Part II - Revocations.


 
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Prepared 15 January 1998

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