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Lord Clement-Jones (LD)

Speaking in the House of Lords on 28 January 2025

Debate

Data (Use and Access) Bill [HL]

Contribution

My Lords, I have the very dubious privilege of moving the final amendment on Report to this Bill. This is a probing amendment and the question is: what does retrospectivity mean? The noble Lord, Lord Cameron of Lochiel, asked a question of the noble Baroness, Lady Jones, in Committee in December: “Will the forthcoming changes to data protection law apply to such data that controllers and processors already hold?” She replied that “the new lawful ground of recognised legitimate interest will apply from the date of commencement and will not apply retrospectively”.—[Official Report, 10/12/24; cols. GC 435-437.] But the question is not really whether the lawfulness is retrospective, but whether the changes made in the new law can be applied to any personal data previously collected and already held on the commencement date of the Act—so that is the exam question.

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