§ 49 Schedule 3, page 37, line 35, leave out from second ("of') to end of line 43 and insert—
- ("(a) the chairman or a deputy chairman (who shall preside); and
- (b) an equal number of the members appointed respectively in accordance with paragraphs (a) and (b) of section 3(5) of this Act.").
§ 50 page 38, line 4, leave out sub-paragraphs (3) and (4).
§ The purpose of these amendments is to alter the composition of the data protection tribunal—and how well I remember our discussions on the composition of the tribunal—and to ensure that on a duly constituted tribunal there will be equal numbers of persons appointed to represent the interests of data subjects and of data users. This should provide for a more evenly balanced tribunal than the Bill originally allowed.
1170§ As noble Lords will recall, the Bill originally provided for at least half the members of the tribunal to be computer experts and for at least one member to represent the interests of data subjects. This was seen by many as favouring data users at the expense of data subjects, since computer experts were seen as implicitly representing data users, while others argued that data users would be completely unrepresented, since there was no specific provision to ensure that their interests were adequately catered for. The new formulation makes it clear that data users and data subjects are to be represented in equal numbers. No provision is now made for computer experts, but any necessary technical advice can be obtained by the tribunal by calling expert witnesses. I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Lord Elton.)
§ Lord MishconMy Lords, I will resist the temptation to refer to the various copies of the Official Report covering the discussions on this matter in the course of the Bill. I am pleased to see this amendment.
§ Lord EltonMy Lords, the noble Lord might almost have said, "I told you so".
§ On Question, Motion agreed to.
§ 12.40 p.m.