Member

On the clause stand part notice, Clause 85, despite its title, actually removes safeguards on the use of data for research purposes, as the noble Viscount mentioned and as I explained. The powers in the clause, particularly in new Article 84D, provide wide discretion to the Secretary of State without meaningful parliamentary scrutiny. These powers, as the noble Viscount has mentioned, were identified by EU stakeholders as a main source of concern regarding the continuation of the UK adequacy decision, a review of which is due in 2025—as we have referred to throughout proceedings. The risks these powers constitute to the UK adequacy decision are more than hypothetical. If the need to establish a delegated legislative power is justified, it needs to be subject to clear restraints and the Secretary of State should not be given unfettered discretion to override the rights and freedoms of individuals under the GDPR.