§ Mr. CohenTo ask the Secretary of State for the Home Department with respect to the draft of the Data Protection (Crown Appointments) Order 1999, for what reasons it is proposed to make personal data about the Provost of Eton, the Poet Laureate and the Astronomer Royal subject to an exemption. [106060]
§ Mr. Mike O'BrienThe Order exempts from the subject information provisions personal data processed for the purposes of assessing any person's suitability for certain offices. Like the other positions cited in the draft Order, these are Crown appointments. They typically involve communications between the Sovereign and the Prime Minister and involve information and judgments on individuals, often provided in confidence by third parties.
§ Mr. CohenTo ask the Secretary of State for the Home Department with respect to the draft of the Data Protection (Processing of Sensitive Personal Data) Order 1999, for what reasons each exemption is necessary; if he will provide examples illustrating the distinction between public interest and substantial public interest wherever the latter term is used in the Order; what discussions he had on paragraph 5 of the Order with those authorities responsible for advising the Government on matters relating to genetics; and if he has notified the European Commission of the effect of the Order. [106058]
§ Mr. Mike O'BrienEach provision in the Schedule to the draft order is necessary to permit the processing of sensitive personal data in connection with the purpose or function referred to in the paragraph. Without such an order the first data protection principle in Schedule 1 of the Data Protection Act 1998 would prohibit the processing. As required by article 8.4 of the European Commission Data Protection Directive (95/46/EC), the processing may be carried out only if it is in the substantial public interest. There is no express reference to the substantial public interest in paragraphs in the Schedule to the draft order where the categories of processing described are considered always to be in the substantial public interest. Where there is such a reference, this is required to meet the requirements of article 8.4, as the general category of processing described may otherwise include some processing which may not be in the substantial public interest. The draft order has been prepared following a public consultation exercise and discussions with many organisations which process sensitive data and with the Data Protection Registrar. The Government have not expressly sought the views of genetics advisory bodies. The Government do not intend to inform the European Commission of the provision made in the draft order prior to it being considered by Parliament.