HL Deb 10 July 1998 vol 591 cc1496-8

50 Clause 29, page 18, line 11, at end insert— '(1A) The Secretary of State may by order exempt from the subject information provisions, or modify those provisions in relation to—

  1. (a) personal data in respect of which the data controller is the proprietor of, or a teacher at, a school, and which consist of information relating to persons who are or have been pupils at the school, or
    2. 1497
  2. (b) personal data in respect of which the data controller is an education authority in Scotland, and which consist of information relating to persons who are receiving, or have received, further education provided by the authority.'.

51 Page 18, line 27, at end insert'— ( ) In this section— education authority" and "further education" have the same meaning as in the Education (Scotland) Act 1980 ("the 1980 Act"), and proprietor"—

  1. (a) in relation to a school in England or Wales, has the same meaning as in the Education Act 1996,
  2. (b) in relation to a school in Scotland, means—
    1. (i) in the case of a self-governing school, the board of management within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989,
    2. (ii) in the case of an independent school, the proprietor within the meaning of the 1980 Act,
    3. (iii) in the case of a grant aided school, the managers within the meaning of the 1980 Act, and
    4. (iv) in the case of a public school, the education authority within the meaning of the 1980 Act, and
  3. (c) in relation to a school in Northern Ireland, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 and includes, in the case of a controlled school, the Board of Governors of the school.'.

52 Clause 30, page 18, line 29, leave out 'section' and insert 'subsection'.

53 Page 18, line 33, leave out 'This section' and insert 'Subsection (1)'.

54 Page 18, line 42, leave out from beginning to 'or'.

55 Page 19, line 9, leave out 'this section' and insert 'subsection (2)'.

56 Page 19, line 14, at end insert— '( ) Personal data processed for the purpose of discharging any function which—

  1. (a) is conferred by or under any enactment on—
    1. (i) the Parliamentary Commissioner for Administration,
    2. (ii) the Commission for Local Administration in England, the Commission for Local Administration in Wales or the Commissioner for Local Administration in Scotland,
    3. (iii) the Health Service Commissioner for England, the Health Service Commissioner for Wales or the Health Service Commissioner for Scotland,
    4. (iv) the Welsh Administration Ombudsman,
    5. (v) the Assembly Ombudsman for Northern Ireland, or
    6. (vi) the Northern Ireland Commissioner for Complaints, and
  2. (b) is designed for protecting members of the public against—
    1. (i) maladministration by public bodies,
    2. (ii) failures in services provided by public bodies, or
      3. 1498
    3. (iii) a failure of a public body to provide a service which it was a function of the body to provide,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.'.

57 Page 19, line 14, at end insert— '( ) Personal data processed for the purpose of discharging any function which—

  1. (a) is conferred by or under any enactment on the Director General of Fair Trading, and
  2. (b) is designed—
    1. (i) for protecting members of the public against conduct which may adversely affect their interests by persons carrying on a business,
    2. (ii) for regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity, or
    3. (iii) for regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.'.

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 50 to 57.

Moved, That the House do agree with the Commons in their Amendments Nos. 50 to 57.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.