Member

87: After Clause 72, insert the following new Clause— “Application of the European Convention on Human Rights to the processing of personal data by private bodies(1) Where personal data is processed by any private body not subject to the obligations under the European Convention on Human Rights as enacted by the Human Rights Act 1998, that private body is to be treated as subject to the obligations under the Convention as if it were a public authority and must ensure that such processing is not incompatible with a Convention right. (2) If a private body fails to ensure that the processing of personal data is in accordance with subsection (1), the private body is liable to any person whose rights under the Convention are infringed as if it were a public authority,”Member's explanatory statement This is a probing amendment to ensure for the purpose of equivalence that the processing of personal data by private bodies is subject to the ECHR on the same basis as public bodies.