COMMONS AMENDMENT (Hansard, 10 July 1998)

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 22.
I shall speak also to Amendments Nos. 23 to 28. These amendments make essentially technical changes to the Bill. I shall attempt to explain them simply. Clause 12, as it left your Lordships' House, gave courts two main powers: first, to order the rectification, blocking, erasure or destruction of inaccurate data; and to order the erasure, destruction, blocking but not rectification of data where a data subject has suffered damage for which compensation could be claimed or where there is a further risk of a similar occurrence.
The main purpose of Amendments. Nos. 22 to 28 is to bring consistency between the two powers. They give to courts a power under Clause 12(4) to order rectification of data as well as their erasure, destruction or blocking. As I have said, that power is currently not available to the courts. Attached to the courts' power under subsection (4) is a power similar to that already available under subsection (3) to require controllers to notify third parties to whom data have been disclosed of rectification and so forth. They clarify to which data the power in subsection (4) applies. The power is currently expressed in general terms. The amendments relate the power to particular data and they also ensure consistency of language.

Lord Renton
My Lords, this group of amendments is desirable and necessary. I am not making a drafting point this time. Amendment No. 28, the proposed subsection (4A) in the third line, refers to, third parties to whom the data have been disclosed". As a practical matter, will the third parties necessarily be known or will there be difficulty in finding out who they are?

§ Lord Falconer of Thoroton
My Lords, I recognise the point the noble Lord makes. It was a point recognised by the draftsman because in the second line 1489 of subsection (4A) the court must consider whether it is reasonably practical to notify the third parties. So the point that the noble Lord, Lord Renton, has raised, which is an important point, can be considered by the court before it determines which third parties have to be notified. The point is covered.