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1168572

registered interest
date	19/12/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have, if any, to amend the Data Protection Act 2018, following the introduction of the European Union (Withdrawal Agreement) Bill.
tabling member printed	Lord Freyberg
uin	HL30
answer	answer is ministerial correction date of answer 07/01/2020 answer text <p>The Government is committed to ensuring that the UK’s data protection and rights framework remains fit for purpose and can continue to operate in a fast-changing landscape. The Government and the Information Commissioner’s Office keep legislation under constant review to ensure it keeps pace with technical and societal changes. There are powers in the Data Protection Act 2018, overseen by Parliament, to make changes using secondary legislation where appropriate.</p> answering member printed Baroness Barran question first answered 07/01/2020 16:32:50 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1168573

registered interest
date	19/12/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have, if any, to ask the Information Commissioner's Office to issue further guidance on the scope of exemptions to the Data Protection Act 2018 and the General Data Protection Regulation in relation to (1) research and development, and (2) science and innovation; and what plans they have, if any, to introduce statutory instruments on those matters.
tabling member printed	Lord Freyberg
uin	HL31
answer	answer is ministerial correction date of answer 07/01/2020 answer text <p>The Information Commissioner’s Office (ICO) is an independent regulator and has the power to issue guidance under the UK’s data protection legislation. The ICO has stated that it is working on guidance for Data Sharing, Direct Marketing and Journalism. They can produce their own guidance should they have concerns on a specific area of the law.</p><p> </p> answering member printed Baroness Barran question first answered 07/01/2020 16:32:26 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1168574

registered interest
date	19/12/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have, if any, to transfer responsibility for data protection from the Department for Digital, Culture, Media and Sport to another Government Department.
tabling member printed	Lord Freyberg
uin	HL32
answer	answer is ministerial correction date of answer 07/01/2020 answer text <p>Questions about the machinery of Government are not made at Departmental level, but the Government attaches great importance to the issue of data protection and the role it plays in building a strong and trusted data economy.</p> answering member printed Baroness Barran question first answered 07/01/2020 12:47:07 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1168575

registered interest
date	19/12/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	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 the Court of Appeal judgment in Lloyd v Google; and what action, if any, they intend to take as a result.
tabling member printed	Lord Freyberg
uin	HL33
answer	answer is ministerial correction date of answer 07/01/2020 answer text <p>The Government is considering the implications of the judgment and will monitor any actions that may follow it, including any further stages in the legal process.</p><p> </p> answering member printed Baroness Barran question first answered 07/01/2020 12:50:05 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1168576

registered interest
date	19/12/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have, if any, to replicate the provisions in the Republic of India's Data Protection Bill in relation to the state's right to access, control and process personal data obtained by private enterprises.
tabling member printed	Lord Freyberg
uin	HL34
answer	answer is ministerial correction date of answer 07/01/2020 answer text <p>The Government has no plans to amend the UK’s Data Protection Act 2018 (DPA) to replicate those provisions contained in the Republic of India’s Personal Data Protection Bill.</p><p><strong> </strong></p><p>The Government takes the protection of personal data and the right to privacy seriously. The DPA sets standards for protecting personal data in accordance with the General Data Protection Regulation (GDPR), and ensures that our laws are fit for the digital age in which an ever increasing amount of data is being processed.</p><p><strong> </strong></p><p>The DPA has various exemptions that disapply a number of obligations on data controllers in certain circumstances, for example, the information required to be disclosed in connection with legal proceedings, crime and taxation. These exemptions do not oblige an organisation to disclose personal information.</p><p><strong> </strong></p><p>All data controllers, including public authorities, are required to comply with the DPA. Organisations that collect and use personal data must do so with an appropriate legal basis and apply exemptions to the rules on a case by case basis.</p><p> </p> answering member printed Baroness Barran question first answered 07/01/2020 12:48:11 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1168577

registered interest
date	19/12/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	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 the data localisation restrictions on sensitive personal and biometric data in place in India and China; and what plans they have, if any, to introduce similar restrictions in the UK.
tabling member printed	Lord Freyberg
uin	HL35
answer	answer is ministerial correction date of answer 07/01/2020 answer text <p>The Government considers that in the UK, data localisation should be limited to cases that are specific and well-justified.</p> answering member printed Baroness Barran question first answered 07/01/2020 12:47:36 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1141917

registered interest
date	24/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Ashton of Hyde on 19 July (HL17042), who will be responsible for monitoring the adequacy of Standard Contractual Clauses (SCCs) after Brexit; and whether they have adequate powers and sufficient funding in place to enforce the use of SCCs where data transfers between the UK and non-EEA countries are concerned.
tabling member printed	Lord Freyberg
uin	HL17461
answer	answer is ministerial correction date of answer 02/08/2019 answer text <p>When the UK leaves the EU, the Information Commissioner's Office (ICO) will maintain its responsibility for enforcing compliance with data protection legislation, including monitoring the use of Standard Contractual Clauses.</p><p> </p><p>In February 2019 Parliament passed a Statutory Instrument (SI) setting out the criteria and process for creating and amending Standard Contractual Clauses either by the Secretary of State or by the Information Commissioner in conjunction with the Secretary of State. These provisions include a duty on both Secretary of State and the Information Commissioner to keep existing Standard Contractual Clauses under review.</p><p> </p><p>The government remains committed to ensuring that the ICO is a world class regulator and has the resources and enforcement tools it needs to safeguard the rights of individuals while allowing organisations to process personal data.</p> answering member printed Baroness Barran question first answered 02/08/2019 12:14:35 answering member 4703 label Biography information for Baroness Barran
tabling member	2593 label Biography information for Lord Freyberg

1138283

registered interest
date	10/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	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 the operation of sections 17A and B of the Data Protection Act 2018 as inserted by the Data Protection, Privacy and Electronic Communications (EU Exit) Regulations 2019; how many times the provisions contained within those Regulations have been exercised; and what plans they have, if any, to review the exercise of those powers once the UK leaves the EU.
tabling member printed	Lord Freyberg
uin	HL17080
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>The EU Withdrawal Act 2018 will retain the General Data Protection Regulation (GDPR) in domestic law when the UK leaves the EU. The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 use powers under that Act to correct deficiencies in the GDPR so that it remains operable in a purely domestic context. For example, the Regulations rename the GDPR as the ‘UK GDPR’, repatriate certain powers from the EU Commission to the Secretary of State and replace European terminology with UK equivalents.</p><p>Section 17A of the Data Protection Act 2018, as inserted by these Regulations, repatriates power from the EU Commission to the Secretary of State to make adequacy decisions for the purposes of Article 45 of the UK GDPR. Section 17B sets out the requirement for ongoing monitoring of adequate countries and for adequacy decisions to be reviewed at least every four years (maintaining the standards in Article 45 of the GDPR).</p><p>The EU Exit provisions of these Regulations have not yet been exercised because they only come into force on Exit Day.</p> answering member printed Lord Ashton of Hyde question first answered 19/07/2019 10:50:15 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

1137941

registered interest
date	09/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government which third countries have been recognised by the EU as providing adequate data protection.
tabling member printed	Lord Freyberg
uin	HL17040
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>The European Commission has so far made a full finding of adequacy in respect of: Andorra, Argentina, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay. The Commission has made partial findings of adequacy in respect of Japan, Canada and the USA. You can find more information about these decisions on the Information Commissioner’s website.</p><p> </p><p>When the UK leaves the EU the power to make adequacy decisions will be repatriated to the Secretary of State. In February 2019 Parliament passed a Statutory Instrument (SI) setting out the criteria and process. The SI recognises and effectively rolls over all existing adequacy decisions that have been made by the EU as well as recognising EU states themselves as adequate. The SI also replicates the EU adequacy regime in UK law with a number of technical changes to make it work properly. The factors that the Secretary of State would need to take into account in reaching an adequacy decision include the rule of law, respect for human rights, and other relevant legislation in the third country being assessed.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL17041 HL17042 question first answered 19/07/2019 10:49:47 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

1137942

registered interest
date	09/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government which (1) businesses, (2) territories of, or (3) specified sectors within, third countries have been recognised by the EU as providing adequate data protection.
tabling member printed	Lord Freyberg
uin	HL17041
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>The European Commission has so far made a full finding of adequacy in respect of: Andorra, Argentina, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay. The Commission has made partial findings of adequacy in respect of Japan, Canada and the USA. You can find more information about these decisions on the Information Commissioner’s website.</p><p> </p><p>When the UK leaves the EU the power to make adequacy decisions will be repatriated to the Secretary of State. In February 2019 Parliament passed a Statutory Instrument (SI) setting out the criteria and process. The SI recognises and effectively rolls over all existing adequacy decisions that have been made by the EU as well as recognising EU states themselves as adequate. The SI also replicates the EU adequacy regime in UK law with a number of technical changes to make it work properly. The factors that the Secretary of State would need to take into account in reaching an adequacy decision include the rule of law, respect for human rights, and other relevant legislation in the third country being assessed.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL17040 HL17042 question first answered 19/07/2019 10:49:47 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg