HL Deb 25 October 1994 vol 558 cc521-2

150 After Clause 145, insert the following new clause:

("Obtaining computer-held information

Procuring disclosure of computer-held personal information

  1. .— (1) In section 5 of the Data Protection Act 1984 (prohibitions in relation to personal data, including its disclosure), after subsection (5), there shall be inserted the following subsection—
  2. (2) In consequence of the amendment made by subsection (1) above—
    1. (a) in subsection (5) of that section, after the word "other" there shall be inserted the word "foregoing"; and
    2. (b) in section 28 (exemptions: crime and taxation), in subsection (3)—
      1. (i) after the word "contravening" there shall be inserted the words "or in the case of section 5(2) (d) procuring the contravention of; and
      2. (ii) after the words "to make" there shall be inserted the words "or (in the case of section 5(2) (d)) to procure".")

The Commons agreed to this amendment with the following amendments:

150A Line 4, leave out 'its'.

150B Line 5, leave out 'subsection' and insert 'subsections'

150C Line 10, at end insert:

'(7) A person who sells personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured the disclosure of the data to him.

(8) A person who offers to sell personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured or subsequently procures the disclosure of the data to him

(9) For the purposes of subsection (8) above, an advertisement indicating that personal data are or may be for sale is an offer to sell the data.

(10) For the purposes of subsections (7) and (8) above, "selling", or "offering to sell", in relation to personal data, includes selling, or offering to sell, information extracted from the data.

(11) In determining, for the purposes of subsection (6),(7) or (8) above, whether a disclosure is in contravention of subsection (2) or (3) above, section 34(6) (d) below shall be disregarded."'

150D Line 16, leave out 'word "contravening"' and insert 'words "section 26(3) (a) above'".

150E Line 17, leave out from 'words' to 'and' in line 18 and insert '"or for an offence under section 5(6) above";'.

150F Line 20, leave out '5(2) (d)' and insert '5(6)'..

Baroness Blatch

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 150A to 150F and to Lords Amendment No. 150.

Moved, That the House do agree with the Commons in their Amendments Nos. 150A to 150F and to Lords Amendment No. 150.—(Baroness Blatch.)

On Question, Motion agreed to.