§ 33 Clause 16, page 11, line 45, leave out 'section 21 applies to the processing' and insert 'the processing is assessable processing for the purposes of section 21'.
§ Lord Falconer of ThorotonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 33. I shall speak also to the other amendments in this group.
These amendments make what is essentially a series of tactical improvements to the preliminary assessment provisions in what was Clause 21 when the Bill left this House, and also associated provisions.
Clause 21 provided for certain processing about which particular worries about data subjects' interests arise to be assessed by the data protection commissioner for compliance with the principles before it may begin. The processing in question is to be specified in subordinate legislation.
1490 The preliminary assessment is to be carried out in the context of notification. That is why all processing in this limited category, even where it is carried out manually or might otherwise have been exempted from the notification regime, has to be notified. As it stood, the Bill was not as clear as it might be about how the system works. The purpose of the amendments is to clarify matters.
Essentially they do three things. First, they make technical changes so that the key provisions in Clause 21 are much easier to follow and the sequence of events is set out more plainly. The drafting is simplified and made more narrative in its form. Secondly, they make clearer the relationship between the preliminary assessment itself and the notification which precedes it. Thirdly, both of those improvements are carried through to the transitional provisions where the arrangements are substantially simplified.
§ Moved, That the House do agree with the Commons in their Amendment No. 33.—(Lord Falconer of Thoroton.)
§ On Question, Motion agreed to.