HC Deb 30 January 1995 vol 253 cc511-2W
Mr. Cohen

To ask the Secretary of State for the Home Department (1) if the current version of the European Union's data protection directive contains provisions regarding personal data derived from DNA samples of the dead; and if he will make a statement;

(2) if the current version of the European Union's data protection directive contains provision about access by the data subject to non-automated personal data; and if he will make a statement;

(3) whether the current version of the European Union's data protection directive contains provision regarding the giving of consent by the data subject, in certain circumstances, to the use and disclosure of personal data; and if he will make a statement;

(4) if the current version of the European Union's data protection directive protects the individual by restricting the holding of sensitive personal data to those controllers authorised by the United Kingdom Parliament; and what plans he has to introduce such restrictions in the United Kingdom.

Mr. Nicholas Baker

The most recent version of the draft data protection directive is an unpublished working document.

This version contains no reference to DNA. It provides for similar rights of subject access to both computerised data and data in manual filing systems. It allows processing to be carried out if any one of a number of conditions is met. These conditions include the giving of consent by the data subject.

The present text will not necessarily require the United Kingdom Parliament to authorise individual controllers to process sensitive personal data. If the directive is adopted, the Government will consider how to implement it in due course.

Mr. Cohen

To ask the Secretary of State for the Home Department if he will make a statement concerning progress towards agreement on the European Union's data protection directive; if he will indicate those areas where the United Kingdom Government still have major concerns; if he expects to vote against parts of the directive at a forthcoming meeting of the Council of Ministers in February; and if he will make a statement.

Mr. Nicholas Baker

Negotiations within Council on the draft data protection directive are likely to be concluded under the French presidency. The Government continue to have reservations about a number of aspects of the directive: their final position will be determined when negotiations within the Council are concluded.