HL Deb 29 June 1984 vol 453 cc1187-8

46 Clause 40, page 30, line 35, leave out from ("above;") to end of line 38.

47 Clause 40, Page 30, line 43, leave out ("as aforesaid") and insert ("by the data user in question since before the end of that period")

48 Clause 40, Page 31. line 5, leave out from ("above") to end of line 7.

Lord Elton

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 46. 47 and 48, to Clause 40. These amendments are designed to improve the remedies available to data subjects in respect of inaccurate, Old data. Previously the Bill provided that compensation could not be claimed if the subject suffered damage as a result of inaccurate data which had been held since before the end of the initial six-month period, during which users will be required to register. even if the damage occurred after the period had elapsed; nor could such data he ordered to be rectified or erased.

This was because initially we had thought to limit the liabilities and obligations of data users, who might have vast quantities of data which they had collected, possibly many years previously, whose accuracy they could not necessarily vouch for. We thought it unreasonable to expect them to go back through all their old data, trying to establish their accuracy, and in particular took the view that it would be unjust to allow the registrar to refuse registration or to de-register a user because of inaccuracy in old data. The Bill therefore disapplied both the courts' powers and the powers of the registrar in respect of inaccurate, old data.

However, on reflection this seemed unnecessarily harsh on the data subject, who would be unable to obtain redress for any damage caused to him by old data, even if the damage arose long after the data protection scheme had been in force, and who similarly would be unable to have such data rectified or erased. These amendments therefore remedy this situation by allowing the courts their normal powers to order compensation, rectification or erasure in respect of data held before the end of the initial six-month period, while leaving the registrar's powers unchanged. Therefore, they improve the position of data subjects without placing data users at risk of action, and possibly of de-registration by the registrar. I commend them to your Lordships.

Moved. That this House doth agree with the Commons in the said amendments.—(Lord Elton.)

On Question, Motion agreed to.