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Member

Speaking in the House of Lords on 10 December 2024

Debate

Data (Use and Access) Bill [HL]

Contribution

As regards the various stand part notices and Amendments 83 and 90, the Bill also introduces several other clauses that would allow the Secretary of State to override primary legislation and modify key aspects of UK data protection law via statutory instrument, mostly inherited from the previous Government’s DPDI Bill. These include powers to introduce exemptions to the purpose-limitation principle, known as the list of compatible purposes, as in Clauses 70(4) and 71(5), which give broad powers to the Secretary of State to amend the UK GDPR lawfulness of processing provisions and purpose limitation provisions, respectively; to add or remove categories of data from the definition of what constitutes “special categories data”, also known as sensitive data, as in Clause 74; to add or remove safeguards for the use of data for research purposes, as in Clause 85, and for the use of data for solely automated decision-making, as in Clause 80; to designate automated decisions that are exempt from the safeguards provided by new Articles 22A, 22B and 22C in Clause 80; and to authorise transfers of personal data to third countries, as in Schedule 7.

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