RECTIFICATION, BLOCKING, ERASURE AND DESTRUCTION (Hansard, 2 July 1998)

§ Mr. George Howarth
I beg to move amendment No. 27, in page 10, line 30, leave out 'failure' and insert 'contravention'.

§ Mr. Deputy Speaker
With this, it will be convenient to discuss Government amendments Nos. 28 and 29.

§ Mr. Howarth
The first of the amendments simply corrects an inconsistency in the drafting of clause 14(4). Paragraph (a) refers to a contravention of the Act. Paragraph (b) refers to a further failure. It should refer to a "further contravention". The amendment makes the necessary change.
Clause 14(4) gives the court the power in certain circumstances to order the erasure, destruction or blocking of personal data. Elsewhere, for example in clause 14(1), the court has the power to order the rectification of personal data as well as their blocking, erasure or destruction. There is no good reason why clause 14(4) should not also allow the court to order the rectification of personal data. Indeed, the directive appears to suggest as much. On reflection, we think that confining the rectification remedy to cases of inaccuracy is unduly restrictive. The amendments add the power to rectify to clause 14(4) and make the consequential provision in clause 14(5); and generally align the wording with that used elsewhere.

§ Mr. Greenway
We welcome the amendments. Clause 14 is extremely important in terms of data subject rights. We agree that the court should have the power to rectify information that is inaccurate in respect of data subjects. The three amendments strengthen the Bill in that area, and we are happy to see them incorporated.