§ Mr. George HowarthI beg to move amendment No. 70, in page 12, line 6, leave out
'section 22 applies to the processing'and insertthe processing is assessable processing for the purposes of section 22'.
§ Mr. Deputy SpeakerWith this, it will be convenient to discuss Government amendments Nos. 71 to 82.
§ Mr. HowarthI hope to be able to deal quickly with this group of amendments, which makes what is essentially a series of technical improvements to the 581 preliminary assessment provisions in clause 22 and associated provisions. The Bill provides for a limited category of processing, a category where particular worries about data subjects' interests arise, to be assessed by the Data Protection Commissioner for compliance with the principles before it may begin.
That implements the system described in article 20 of the directive as prior checking. It is essentially a system reliant on such processing being brought to the commissioner's attention some time before it actually begins, so that he or she can consider it and give a view. In itself, it is not a direct control on processing. It does not give the commissioner a power to intervene in advance and prevent the processing before any problem has in fact arisen. It remains the data controller's responsibility to address any concerns raised in his own way.
The simplest means of operating this system is through the process of notification. That is why all processing in this limited category, even where it is carried out manually or might otherwise have been exempted from the notification regime, has to be notified. Usually, when a data controller has made a notification, he may start processing immediately. In the limited category that we are now considering, after the processing has been notified, the data controller must wait for a fixed period, or until he has heard from the commissioner if that is sooner, before he may start processing. That is so that he or she can carry out an assessment.
As it stands, the Bill is not as clear as it might be that that is how the system works. The Government are aware that this is a very new feature in our data protection law, being introduced by the Bill as a result of an obligation in the directive. We are also aware that there is an understandable desire among those who might be directly affected for reassurance that the new system will work as clearly and straightforwardly as possible. That is why we have tabled the amendments.
The amendments essentially do three things. First, they make technical changes so that the key provisions in clause 22 are easier to follow and the sequence of events is set out more plainly. The drafting is simplified and made more narrative.
Secondly, the amendments make clearer the relationship between the preliminary assessment itself and the notification that precedes it. The entire operation of clause 22 is now explicitly predicated on the receipt of a notification by the commissioner, and a more distinct link is made between the processing as it is described in the notification and as it falls to be assessed.
Thirdly, both those improvements are carried through to the transitional provisions, where the arrangements are substantially simplified. The provisions on manual and automated data are brought together, and the preliminary assessment system is straightforwardly disapplied in both cases in respect of processing already under way immediately before 24 October 1998.
As I have said, preliminary assessment of this nature is a novelty in UK data protection law. Its purpose is to address understandable anxieties relating to particular categories of data processing. The Government are concerned that, in this sensitive area, the Bill's provisions should be as easy to follow and to operate as possible. 582 These technical amendments make substantial improvements in that direction. I commend them to the House.
§ Mr. GreenwayIn Committee, I made the point that, as the effect of the clause is to prevent the data controller from commencing processing until the Data Protection Commissioner has given consent for that processing, it is crucial that the commercial organisations involved know where they stand. Although I still have reservations about the period specified, I agree with the Minister that the amendments improve the meaning of the legislation. However, I draw attention to the fact that, even at this late stage, we are being asked to approve a large number of technical amendments.
§ Amendment agreed to.