HL Deb 10 July 1998 vol 591 cc1513-9

Meaning of "accessible public record"

1. For the purposes of section (Meaning of "accessible record") "accessible public record" means any record which is kept by an authority specified—

  1. (a) as respects England and Wales, in the Table in paragraph 2,
  2. (b) as respects Scotland, in the Table in paragraph 4, or
  3. (c) as respects Northern Ireland, in the Table in paragraph 6,
and is a record of information of a description specified in that Table in relation to that authority.

Housing and social services records: England and Wales

2. The following is the Table referred to in paragraph 1(a).

TABLE OF AUTHORITIES AND INFORMATION
The authorities The accessible information
Housing Act local Authority. Information held for the purpose of any of the authority's tenancies.
Local social services authority. Information held for any purpose of the authority's social services functions.

3.—(1) The following provisions apply for the interpretation of the Table in paragraph 2.

(2) Any authority which, by virtue of section 4(e) of the Housing Act 1985, is a local authority for the purpose of any provision of that Act is a "Housing Act local authority" for the purposes of this Schedule, and so is any housing action trust established under Part III of the Housing Act 1988.

(3) Information contained in records kept by a Housing Act local authority is "held for the purpose of any of the authority's tenancies" if it is held for any purpose of the relationship of landlord and tenant of a dwelling which subsists, has subsisted or may subsist between the authority and any individual who is, has been or, as the case may be, has applied to be, a tenant of the authority.

(4) Any authority which, by virtue of section 1 or 12 of the Local Authority Social Services Act 1970, is or is treated as a local authority for the purposes of that Act is a "local social services authority" for the purposes of this Schedule; and information contained in records kept by such an authority is "held for any purpose of the authority's social services functions" if it is held for the purpose of any past, current or proposed exercise of such a function in any case.

(5) Any expression used in paragraph 2 or this paragraph and in Part II of the Housing Act 1985 or the Local Authority Social Services Act 1970 has the same meaning as in that Act.

Housing and social services records: Scotland

4. The following is the Table referred to in paragraph 1(b).

TABLE OF AUTHORITIES AND INFORMATION
The authorities The accessible information
Local authority. Scottish Homes. Information held for the purpose of any of the body's tenancies.
Social work authority. Information held for any purpose of the authority's functions under the Social Work (Scotland) Act 1968 and the enactments referred to in section 5(1B) of that Act.

5.—(1) The following provisions apply for the interpretation of the Table in paragraph 4.

(2) "Local authority" means—

  1. (a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
  2. (b) a joint board or joint committee of two or more of those councils, or
  3. (c) any trust under the control of such a council.

(3) Information contained in records kept by a local authority or Scottish Homes is held for the purpose of any of their tenancies if it is held for any purpose of the relationship of landlord and tenant of a dwelling-house which subsists, has subsisted or may subsist between the authority or, as the case may be, Scottish Homes and any individual who is, has been or, as the case may be, has applied to be a tenant of theirs.

(4) "Social work authority" means a local authority for the purposes of the Social Work (Scotland) Act 1968; and information contained in records kept by such an authority is held for any purpose of their functions if it is held for the purpose of any past, current or proposed exercise of such a function in any case.

Housing and social services records: Northern Ireland

6. The following is the Table referred to in paragraph 1(c).

TABLE OF AUTHORITIES AND INFORMATION
The authorities The accessible information
The Northern Ireland Housing Executive. Information held for the purpose of any of the Executive's tenancies.
A Health and Social Services Board. Information held for the purpose of any past, current or proposed exercise by the Board of any function exercisable, by virtue of directions under Article 17(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, by the Board on behalf of the Department of Health and Social Services with respect to the administration of personal social services under—
(a) the Children and Young Persons
Act (Northern Ireland) 1968;
(b) the Health and Personal Social Services (Northern Ireland) Order 1972;
(c) Article 47 of the Matrimonial Causes (Northern Ireland) Order 1978;
(d) Article 11 of the Domestic Proceedings (Northern Ireland) Order 1980;
(e) the Adoption (Northern Ireland) Order 1987; or
(f) the Children (Northern Ireland) Order 1995.
An HSS trust Information held for the purpose of any past, current or proposed exercise by the trust of any function exercisable, by virtue of an authorisation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994, by the trust on behalf of a Health and Social Services Board with respect to the administration of personal social services under any statutory provision mentioned in the last preceding entry.

7.—(1) This paragraph applies for the interpretation of the Table in paragraph 6.

(2) Information contained in records kept by the Northern Ireland Housing Executive is "held for the purpose of any of the Executive's tenancies" if it is held for any purpose of the relationship of landlord and tenant of a dwelling which subsists, has subsisted or may subsist between the Executive and any individual who is, has been or, as the case may be, has applied to be, a tenant of the Executive.'.

133 Schedule 11, page 61, line 46, leave out 'eligible' and insert 'exempt'.

134 Page 61, line 46, after 'inaccurate' insert 'or incomplete'.

135 Page 61, line 47, leave out 'eligible' and insert 'exempt'.

136 Page 62, line 2, after 'inaccurate' insert 'or incomplete'.

137 Page 62, leave out lines 13 to 17 and insert— —exempt manual data" means—

  1. (a) in relation to the first transitional period, as defined by paragraph 1(2) of Schedule 8, data to which paragraph 2A or 2B of that Schedule applies, and
  2. (b) in relation to the second transitional period, as so defined, data to which paragraph 13 of that Schedule applies;'.

138 Page 62, leave out lines 18 and 19.

139 Page 62, line 19, at end insert— '(5) For the purposes of this section personal data are incomplete if, and only if, the data, although not inaccurate, are such that their incompleteness would constitute a contravention of the third or fourth data protection principles, if those principles applied to the data.'.

140 Page 62, leave out line 20.

141 Page 62, leave out lines 22 to 24 and insert— '(a) in subsection (2) after "section 13" there is inserted— (dd) section 13A,", and. (b) in subsection (4) after "13(8)" there is inserted ", 13A(3)".'.

142 Page 62, line 25, leave out 'section 12' and insert 'section 12(1) to (3)'.

143 Page 62, line 25, leave out &12' and insert '12(1) to (3)'.

144 Page 62, line 25, at end insert— '4A. In section 52(1) after "13(8)" there is inserted ", 13A(3)".'.

145 Schedule 12, page 62, line 46, leave out from first 'period' to end of line 48 and insert ', in relation to a person, means—

  1. (a) where there is a single entry in respect of that person as a data user, the period at the end of which, if section 8 of the 1984 Act had remained in force, that entry would have fallen to be removed unless renewed, and
  2. (b) where there are two or more entries in respect of that person as a data user, the period at the end of which, if that section had remained in force, the last of those entries to expire would have fallen to be removed unless renewed.'.

146 Page 63, line 22, leave out '16' and insert &18'.

147 Page 63, leave out lines 24 to 27.

148 Page 64, line 49, at end insert— '. Subsection (4)(b) of section 39 does not apply where the rectification, blocking, erasure or destruction occurred before the commencement of that section.'.

149 Page 65, line 5, at end insert— '. Where by virtue of paragraph 10 an information notice is served on the basis of anything done or omitted to be done before the day on which section 42 comes into force, subsection (2)(b) of that section shall have effect as if the reference to the data controller having complied, or complying, with the new principles were a reference to the data controller having contravened the old principles by reason of any such act or omission as is mentioned in paragraph 10.'.

150 Page 65, line 5, at end insert—

'Self-incrimination, etc.

.—(1) In section 42(9), section 43(10) and paragraph 11 of Schedule 7, any reference to an offence under this Act includes a reference to an offence under the 1984 Act.

(2) In section 34(9) of the 1984 Act, any reference to an offence under that Act includes a reference to an offence under this Act.'.

151 Page 65, line 24, at end insert—

'Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation

.—(1) The repeal of any provision of the Access to Health Records Act 1990 does not affect—

  1. (a) the application of section 3 or 6 of that Act in any case in which the application under that section was received before the day on which the repeal comes into force, or
  2. (b) the application of section 8 of that Act in any case in which the application to the court was made before the day on which the repeal comes into force.

(2) Sub-paragraph (1)(a) does not apply in relation to an application for access to information which was made by reference to this Act.

.—(1) The revocation of any provision of the Access to Health Records (Northern Ireland) Order 1993 does not affect—

  1. (a) the application of Article 5 or 8 of that Order in any case in which the application under that Article was received before the day on which the repeal comes into force, or
  2. (b) the application of Article 10 of that Order in any case in which the application to the court was made before the day on which the repeal comes into force.

(2) Sub-paragraph (1)(a) does not apply in relation to an application for access to information which was made by reference to this Act.

Applications under regulations under Access to Personal Files Act 1987 or corresponding Northern Ireland legislation

.—(1) The repeal of the personal files enactments does not affect the application of regulations under those enactments in relation to—

  1. (a) any request for information,
  2. (b) any application for rectification or erasure, or
  3. (c) any application for review of a decision,
which was made before the day on which the repeal comes into force.

(2) Sub-paragraph (1)(a) does not apply in relation to a request for information which was made by reference to this Act.

(3) In sub-paragraph (1) "the personal files enactments" means—

  1. (a) in relation to Great Britain, the Access to Personal Files Act 1987, and
  2. (b) in relation to Northern Ireland, Part II of the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991.'.

152 Page 65, line 24, at end insert—

'Applications under section 158 of Consumer Credit Act 1974

. Section 59 does not affect the application of section 158 of the Consumer Credit Act 1974 in any case where the request was received before the commencement of section 59, unless the request is made by reference to this Act.'.

153 Schedule 13, page 66, leave out lines 24 to 29.

154 Page 66, line 33, leave out "'the Access to Health Records Act 1990"' and insert '"the Data Protection Act 1998"'.

155 Page 67, leave out lines 2 to 4 and insert— '10. Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) so far as that Schedule continues in force shall have effect as if the reference in paragraph 4(2) to the Data Protection Act 1984 were a reference to this Act.'.

156 Page 67, leave out lines 6 to 8 and insert— '12. For section 2 of the Access to Health Records Act 1990 there is substituted—

"Health professionals.

2. In this Act "health professional" has the same meaning as in the Data Protection Act 1998."'.

157 Page 67, line 12, at end insert— '13A. In section 5(3) of that Act (cases where right of access may be partially excluded) for the words from the beginning to "record" in the first place where it occurs there is substituted "Access shall not be given under section 3(2) to any part of a health record".'.

158 Page 67, line 22, leave out '"the Access to Health Records (Northern Ireland) Order 1993"' and insert '"the Data Protection Act 1998"'.

159 Page 67, leave out lines 37 to 39 and insert— '17. For paragraphs (1) and (2) of Article 4 of the Access to Health Records (Northern Ireland) Order 1993 there is substituted— (1) In this Order "health professional" has the same meaning as in the Data Protection Act 1998."'.

160 Page 67, line 43, at end insert— '18A. In Article 7 of that Order (cases where right of access may be partially excluded) for the words from the beginning to "record" in the first place where it occurs there is substituted "Access shall not be given under Article 5(2) to any part of a health record".'.

161 Schedule 14, page 68, line 9, at end insert—

'1987 c. 37. The Access to Personal Files Act 1987. The whole Act.'

162 Page 68, line 11, at end insert—

'1988 c. 50. The Housing Act 1988. In Schedule 17, paragraph 80.
1990 c. 23. The Access to Health Records Act 1990. In section 1(1), the words from "but does not" to the end.
In section 3, subsection (1)(a) to (e) and, in subsection (6)(a), the words "in the case of an application made otherwise than by the patient".
Section 4(1) and (2).
In section 5(1)(a)(i), the words "of the patient or" and the word "other".
In section 10, in subsection (2) the words "or orders" and in subsection (3) the words "or an order under section 2(3) above".
In section 11, the definitions of "child" and "parental responsibility".'

163 Page 68, line 25, column 3, leave out 'Section 38(2)(a) and (4)' and insert 'Section 38'.

164 Page 68, line 26, column 3, leave out 'Section 38(3)(a) and (5)' and insert 'Section 38'.

165 Page 68, line 27, at end insert—

'1994 c. 19. The Local Government (Wales) Act 1994. In Schedule 13,paragraph 30.'

166 Page 68, line 29, at end insert—

'1994 c. 39. The Local Government etc. (Scotland) Act 1994. In Schedule 13, paragraph 154.'

167 Page 68, line 35, at end insert—

'S.I. 1991/1707 (N.I. 14). The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991. Part II. The Schedule.

168 Page 68, line 39, at end insert—

S.I. 1993/1250 (N.I. 4). The Access to Health Records (Northern Ireland) Order 1993. In Article 2(2), the definitions of "child" and "parental responsibility".
In Article 3(1), the words from "but does not include" to the end.
In Article 5, paragraph (1)(a) to (d) and, in paragraph (6)(a), the words "in the case of an application made otherwise than by the patient".
Article 6(1) and (2).
In Article 7(1)(a)(i), the words "of the patient or" and the word "other".
S.I. 1994/429 (N.I. 2). The Health and Personal Social Services (Northern Ireland) Order 1991. In Schedule 1, the entries relating to the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991.

169 Page 68, line 43, at end insert—

'S.I. 1995/755 (N.1. 2). The Children (Northern Ireland) Order 1995. In Schedule 9, paragraphs 177 and 191.'

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 107 to 169.

Moved, That the House do agree with the Commons in their Amendments Nos. 107 to 169.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.