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897108

registered interest
date	02/05/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Home Office: Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what are their reasons for the exemption of the Home Office from the new data protection regulation; and what assessment they have made of the consequences of this exemption for individuals' access to their own personal data.
tabling member printed	Lord Smith of Finsbury
uin	HL7532
answer	answer is ministerial correction date of answer 14/05/2018 answer text <p>The General Data Protection Regulation and the Data Protection Bill (once given Royal Assent) will apply to the processing of all personal data by the Home Office. The Regulation and Bill, provide limited exemptions to the rights of data subjects but these may only be applied on a case-by-case basis and only where it is necessary and proportionate to do so.</p><p>We are looking to achieve an appropriate balance between individual’s rights and the wider public interest in maintaining an effective immigration system. People will still be able to request their own personal data as they can now. The rights contained in Article 15 regarding rights of access to information will be complied with wherever possible, we only seek to have the option to restrict those rights and withhold specific information from their records in cases where there is a likelihood of prejudice to our effective immigration control, for example on-going or planned enforcement activity.</p><p>All decisions will be kept under review and people will have the right to complain to the Information Commissioner. This is a Government which puts transparency at the top of our agenda.</p> answering member printed Baroness Williams of Trafford question first answered 14/05/2018 16:02:40 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	186 label Biography information for Lord Smith of Finsbury

890743

registered interest
date	24/04/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Home Office: Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of concerns raised by civil rights groups regarding the potential negative effects that exemptions for the Home Office from the Data Protection Bill might have on future migrants; and what protections, if any, they plan to put in place to prevent another event similar to the Windrush scandal.
tabling member printed	Lord Taylor of Warwick
uin	HL7261
answer	answer is ministerial correction date of answer 10/05/2018 answer text <p>The Government has listened to concerns raised and revised the scope of the immigration exemption in the Data Protection Bill by removing exemptions in relation to the right to rectification and the right to data portability, Articles 16 and 20 respectively of the General Data Protection Regulation (GDPR).</p><p>We have also tabled a further amendment to remove the exemption relating to fair and transparent processing at paragraph 4(2)(b) of Schedule 2. The remaining exemptions will ensure that while people’s rights relating to data are protected, day to day operations relating to immigration controls are not obstructed, and individual rights are balanced against the wider public interest in maintaining an effective immigration system. We will publish detailed and robust guidance on how the exemption may be used in limited circumstances on a case-by-case basis. People will also have the right to complain to the Information Commissioner if they disagree with any use of the immigration exemption.</p> answering member printed Baroness Williams of Trafford question first answered 10/05/2018 11:01:10 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	1796 label Biography information for Lord Taylor of Warwick