Member

43: Clause 27, page 28, line 7, at end insert— “(3A) Where regulations made under this section impose a duty or confer a power to process personal data, the duty or power does not operate to require or authorise the data to be processed in a way which contravenes the data protection legislation (but the duty or power is to be taken into account in determining whether the processing contravenes that legislation).(3B) In subsection (3A) “the data protection legislation”, “personal data” and “processing” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act), and “process” and “processed” are to be construed accordingly.”Member's explanatory statement This amendment clarifies that regulations requiring holders of PSV operators’ licences to keep records relating to their compliance with the training requirement do not operate in a way which contravenes the data protection legislation.