§ Mr. Cohenasked the Secretary of State for the Home Department if Her Majesty's Government will make it their practice that any certificates signed by a Cabinet Minister for the purposes of seeking exemption via section 27 of the Data Protection Act are automatically reviewed and subject to renewal on that Minister ceasing to hold office.
§ Mr. WaddingtonIt is for a Minister of the Crown (who must be a member of the Cabinet, the Attorney-General or the Lord Advocate) to determine whether data require to be exempt for the purpose of safeguarding national security. The need for and scope of any such exemption will be kept under review.
A certificate is required only if any question arises whether data are properly exempt under section 27. If any such question arises the need for a certificate would be carefully considered at the time by the appropriate minister.
§ Mr. Cohenasked the Secretary of State for the Home Department whether he is made aware of any certificate signed by another Cabinet Minister for the purposes of seeking exemption via section 27 of the Data Protection Act.
§ Mr. WaddingtonSection 27 of the Data Protection Act 1984 provides that it will be for a Cabinet Minister, or the Attorney-General, or the Lord Advocate to determine in any particular case whether data are required to be exempt for the purpose of safeguarding national security, and to sign a certificate to that effect. My right hon. and learned Friend has no overall responsibility for such matters and would not, as a matter of course, be aware of such determinations or certificates.
§ Mr. Cohenasked the Secretary of State for the Home Department whether the Registrar is made aware of any certificate signed by a Cabinet Minister for the purpose of seeking exemption via section 27 of the Data Protection Act.
§ Mr. WaddingtonI refer the hon. Member to the reply I gave to a similar question from the hon. Member for Wrexham (Dr. Marek) on 17 December at columns9–10.