§ 16 Clause 21, page 18, line 15, leave out from ("deletion") to end of line 17 and insert ("that would have been made regardless of the receipt of the request.")
§ Lord EltonMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 16, to Clause 21. Clause 21 provides that a data user who receives a request for access must supply the relevant information as it stood on the date the request was received; but it recognises that changes are constantly being made to personal data, and it would be wrong if those changes had to be suspended between the time the request was received and the time it was complied with. We have tried to find a provision that allows processing to continue but does not allow any data to be "doctored" or suppressed as a result of the request. When the Bill left this House Clause 21(7) provided that the information supplied in response to a request could reflect changes in the data so long as those changes were the results of instructions programmed before the request was received and were made to keep the data up to date.
But upon reflection it occurred to us that this arrangement might be unduly restrictive. New programs for updating data may be introduced. As Clause 21(7) stood, the user would have to clear outstanding requests for access before implementing the new program. Moreover, other operations are 1173 routinely performed on the data. Unwanted information may be weeded out and completely new information added. If the information supplied to the data subject could not reflect such changes, the data user would be forced not to make them or to keep a manual record of any data he had deleted. This is hardly satisfactory for either him or the data subject, who would normally want the information obtained to be as current as possible.
Amendment No. 16 will allow the data user to supply the information as it stands when the request is complied with provided that any changes made since the request was received are changes which would have been made irrespective of the receipt of the request, so that the record cannot be changed as a result of a request. I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Lord Elton.)
§ Lord MishconMy Lords, I wonder whether the noble Lord the Minister can help me. Is this a convenient moment to deal with the question of raw marks on examination papers? He has dealt with Clause No. 21(7); but if the Minister feels that this is not a convenient moment and that another moment may be more convenient for him, I will sit down. I think he knows the point I am going to make.
§ Lord EltonMy Lords, I do know the point the noble Lord has in mind, and I believe that I shall be answering it by means of an amendment. That perhaps, will be the appropriate moment. If we are racing towards the buffers and I have not mentioned it, then please let the noble Lord remind me. My recollecton is that we shall reach that aspect shortly.
§ Lord MishconMy Lords, I am most grateful.
§ On Queston, Motion agreed to.