Sir Roger Gale
MP for Herne Bay and Sandwich · Conservative · United Kingdom
“In welcoming the Prime Minister to his place, let me say that I noticed his criticism of the water companies—a justified criticism, in many cases. May I direct his attention to the predatory activities of another private company?”
“The Secretary of State appears to think it is scaremongering to suggest that, with effect from this weekend, passenger and freight traffic using the channel tunnel and the port of Dover will be disrupted as a result of the European entry and exit system.”
“Before I call Esther McVey to move the motion, and then the Minister to respond, I remind Members that they may make a speech only with the prior permission of the Member in charge of the debate. No such notice has been given.”
“As the Minister has indicated, over the spring bank holiday there was chaos at Dover, at St Pancras and at the channel tunnel because of the failure of the EES. The French authorities were quite simply not prepared or able to implement the facilities properly.”
“This House has the capacity to criticise, but it also has the capacity to be fair. The Minister probably finds himself between a rock and a cliff face in a situation that he did not make himself. That does not absolve the MCA from the criticism that has rightly been levelled at it earlier today.”
“To ask the Secretary of State for the Home Department, what measures the Government have put in place to ensure that in the coming holiday season, travellers and business freight are not delayed at our ports, our international railway stations and our airports as a result of the imposition of the European entry and exit system.”
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“(3) But, unless and until the question in subsection (1) has been determined in the data subject’s favour, the court may not require the information to be disclosed to the data subject or the data subject’s representatives, whether by discovery (or, in Scotland, recovery) or otherwise.”
“(3) After section 180 insert— ‘180A Procedure in connection with subject access requests (1) This section applies where a court is required to determine whether a data subject is entitled to information by virtue of a right under— (a) Article 15 of the UK GDPR (right of access by the data subject); (b) Article 20 of the UK GDPR (right to data portability); (c) section 45 of this Act (law enforcement processing: right of access by the data subject); (d) section 94 of this Act (intelligence services processing: right of access by the data subject). (2) The court may require the controller to make available for inspection by the court so much of the information as is available to the controller.”
“In particular, it enables the Information Commissioner to give notices by email without obtaining the consent of the recipient to use that mode of delivery. Brought up, read the First and Second time, and added to the Bill. New Clause 9 Court procedure in connection with subject access requests “(1) The Data Protection Act 2018 is amended as follows. (2) For the italic heading before section 180 substitute— ‘Jurisdiction and court procedure’.”
“(7) A notice sent by email is treated as given 48 hours after it was sent, unless the contrary is proved. (8) In this section “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body. (9) This section does not limit other lawful means of giving a notice.’ (4) In Schedule 2 to the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696) (Commissioner’s enforcement powers), in paragraph 1(b), for ‘141’ substitute ‘141A’.”— (Sir John Whittingdale.) This amendment adjusts the procedure by which notices can be given by the Information Commissioner under the Data Protection Act 2018.”
“(5) The address is— (a) in a case where the person is a body corporate with a registered office in the United Kingdom, that office; (b) in a case where paragraph (a) does not apply and the person is a body corporate, partnership or unincorporated body with a principal office in the United Kingdom, that office; (c) in any other case, an address in the United Kingdom at which the Commissioner believes, on reasonable grounds, that the notice will come to the attention of the person. (6) A person’s email address is— (a) an email address published for the time being by that person as an address for contacting that person, or (b) if there is no such published address, an email address by means of which the Commissioner believes, on reasonable grounds, that the notice will come to the attention of that person.”
“(4) For the purposes of subsection (2)(b) and (c), and section 7 of the Interpretation Act 1978 (services of documents by post) in its application to those provisions, a person’s proper address is— (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address; (b) in any other case, the address determined in accordance with subsection (5).”
“(3) A “relevant individual” means— (a) in the case of a notice to an individual, that individual; (b) in the case of a notice to a body corporate (other than a partnership), an officer of that body; (c) in the case of a notice to a partnership, a partner in the partnership or a person who has the control or management of the partnership business; (d) in the case of a notice to an unincorporated body (other than a partnership), a member of its governing body.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 8 Notices from the Information Commissioner “(1) The 2018 Act is amended in accordance with subsections (2) and (3). (2) Omit section 141 (notices from the Commissioner). (3) After that section insert— ‘141A Notices from the Commissioner (1) This section applies in relation to a notice authorised or required by this Act to be given to a person by the Commissioner. (2) The notice may be given to the person by— (a) delivering it by hand to a relevant individual, (b) leaving it at the person’s proper address, (c) sending it by post to the person at that address, or (d) sending it by email to the person’s email address.”
“(3) In section 45 (law enforcement processing: right of access by the data subject), after subsection (2) insert— ‘(2A) Under subsection (1), the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that subsection.’ (4) In section 94 (intelligence services processing: right of access by the data subject), after subsection (2) insert— ‘(2ZA) Under subsection (1), the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that subsection.’ (5) The amendments made by this section are to be treated as having come into force on 1 January 2024.”— (Sir John Whittingdale.) This new clause confirms that, in responding to subject access requests, controllers are only required to undertake reasonable and proportionate searches for personal data and other information.”
“Under paragraph 1, the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that paragraph.’, and (b) in paragraph 3, after ‘processing’ insert ‘to which the data subject is entitled under paragraph 1’. (2) The 2018 Act is amended in accordance with subsections (3) and (4).”
“(6) In section 205(2) of the 2018 Act (general interpretation: periods of time), in paragraph (i), for ‘paragraph 23(4) and (5)’ substitute ‘paragraph 21A(8) to (10)’.”— (Sir John Whittingdale.) This new Clause inserts into Schedule 1 to the Data Protection Act 2018 (conditions for processing of special categories of personal data) a condition relating to processing by elected representatives, registered political parties and others of information about an individual’s political opinions for the purposes of democratic engagement activities and campaigning. Brought up, read the First and Second time, and added to the Bill. New Clause 7 Searches in response to data subjects’ requests “(1) In Article 15 of the UK GDPR (right of access by the data subject)— (a) after paragraph 1 insert— ‘1A.”
“(10) For the purposes of the definition of “elected representative” in sub-paragraph (6), a person who is an elected member of the Common Council of the City of London and whose term of office comes to an end at the end of the day preceding the annual Wardmotes is to be treated as if the person were such a member until the end of the fourth day after the day on which those Wardmotes are held.’ (3) Omit paragraph 22 and the italic heading before it. (4) In paragraph 23 (elected representatives responding to requests)— (a) leave out sub-paragraphs (3) to (5), and (b) at the end insert— ‘(6) In this paragraph, “elected representative” has the same meaning as in paragraph 21A.’ (5) In paragraph 24(3) (definition of ‘elected representative’), for ‘23’ substitute ‘21A’.”
“(9) For the purposes of the definition of “elected representative” in sub-paragraph (6), where a member of the House of Commons’s seat becomes vacant as a result of a successful recall petition, that person is to be treated as if they were a member of the House of Commons until the end of the period of 30 days beginning with the day after— (a) the day on which the resulting by-election is held, or (b) if earlier, the day on which the next general election in relation to Parliament is held.”
“2012/1917) (8) For the purposes of the definition of “elected representative” in sub-paragraph (6), a person who is— (a) a member of the House of Commons immediately before Parliament is dissolved, (b) a member of the Senedd immediately before Senedd Cymru is dissolved, (c) a member of the Scottish Parliament immediately before that Parliament is dissolved, or (d) a member of the Northern Ireland Assembly immediately before that Assembly is dissolved, is to be treated as if the person were such a member until the end of the period of 30 days beginning with the day after the day on which the subsequent general election in relation to that Parliament or Assembly is held.”
“2017/67) the Mayor of London or an elected member of the London Assembly section 118A of the Representation of the People Act 1983 an elected member of the Common Council of the City of London section 118A of the Representation of the People Act 1983 an elected member of the Council of the Isles of Scilly section 118A of the Representation of the People Act 1983 an elected member of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 section 118A of the Representation of the People Act 1983 an elected member of a district council within the meaning of the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)) section 130(3A) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (n)a police and crime commissioner article 3 of the Police and Crime Commissioner Elections Order 2012 (S.I.”
“2007/1024) a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 section 118A of the Representation of the People Act 1983, as applied by the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67) a mayor for the area of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 section 118A of the Representation of the People Act 1983, as applied by the Combined Authorities (Mayoral Elections) Order 2017 (S.I.”
“2001/2599) an elected member of a local authority within the meaning of section 270(1) of the Local Government Act 1972, namely— (i) in England, a county council, a district council, a London borough council or a parish council; (ii) in Wales, a county council, a county borough council or a community council; section 118A of the Representation of the People Act 1983 an elected mayor of a local authority within the meaning of Part 1A or 2 of the Local Government Act 2000 section 118A of the Representation of the People Act 1983, as applied by the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I.”
“(7) This is the table referred to in the definitions of “candidate” and “elected representative” in sub-paragraph (6)— Elected representative Candidate for election as an elected representative member of the House of Commons section 118A of the Representation of the People Act 1983 a member of the Senedd article 84(2) of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) a member of the Scottish Parliament article 80(1) of the Scottish Parliament (Elections etc) Order 2015 (S.S.I. 2015/425) a member of the Northern Ireland Assembly section 118A of the Representation of the People Act 1983, as applied by the Northern Ireland Assembly (Elections) Order 2001 (S.I.”
“(6) In this paragraph— “accredited campaigner” has the meaning given in Part 5 of Schedule 3 to the Recall of MPs Act 2015; “candidate” , in relation to election as an elected representative, has the meaning given by the provision listed in the relevant entry in the second column of the table in sub-paragraph (7); “elected representative” means a person listed in the first column of the table in sub-paragraph (7) and see also sub-paragraphs (8) to (10); “election activities” , in relation to a registered political party, means— (a) campaigning in connection with an election for an elected representative, and (b) activities whose purpose is to enhance the standing of the party, or of a candidate standing for election in its name, with electors; “elector” means a person who is entitled to vote in an election for an elected representative or in a referendum; “permitted participant” has the same meaning as in Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums) (see section 105 of that Act); “recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1(2) of that Act); “referendum” means a referendum or other poll held on one or more questions specified in, or in accordance with, an enactment; “registered political party” means a person or organisation included in a register maintained under section 23 of the Political Parties, Elections and Referendums Act 2000; “successful” , in relation to a recall petition, has the same meaning as in the Recall of MPs Act 2015 (see section 14 of that Act).”
“(5) For the purposes of sub-paragraph (2)(a) and (b)— (a) “democratic engagement activities” means activities whose purpose is to support or promote democratic engagement; (b) “democratic engagement” means engagement by the public, a section of the public or a particular person with, or with an aspect of, an electoral system or other democratic process in the United Kingdom, either generally or in connection with a particular matter, whether by participating in the system or process or engaging with it in another way; (c) examples of democratic engagement activities include activities whose purpose is— (i) to promote the registration of individuals as electors; (ii) to increase the number of electors participating in elections for elected representatives, referendums or processes for recall petitions in which they are entitled to participate; (iii) to support an elected representative or registered political party in discharging functions, or carrying on other activities, described in sub-paragraph (2)(a) or (b); (iv) to support a person to become a candidate for election as an elected representative; (v) to support a campaign or campaigning referred to in sub-paragraph (2)(c), (d) or (e); (vi) to raise funds to support activities whose purpose is described in sub-paragraphs (i) to (v); (d) examples of activities that may be democratic engagement activities include— (i) gathering opinions, whether by carrying out a survey or by other means; (ii) communicating with electors.”
“(3) Processing does not meet the condition in sub-paragraph (1) if it is likely to cause substantial damage or substantial distress to an individual. (4) Processing does not meet the condition in sub-paragraph (1) if— (a) an individual who is the data subject (or one of the data subjects) has given notice in writing to the controller requiring the controller not to process personal data in respect of which the individual is the data subject (and has not given notice in writing withdrawing that requirement), (b) the notice gave the controller a reasonable period in which to stop processing such data, and (c) that period has ended.”
“(2) Processing falls within this sub-paragraph if— (a) the processing— (i) is carried out by an elected representative or a person acting with the authority of such a representative, and (ii) is necessary for the purposes of discharging the elected representative’s functions or for the purposes of the elected representative’s democratic engagement activities, (b) the processing— (i) is carried out by a registered political party, and (ii) is necessary for the purposes of the party’s election activities or democratic engagement activities, (c) the processing— (i) is carried out by a candidate for election as an elected representative or a person acting with the authority of such a candidate, and (ii) is necessary for the purposes of the candidate’s campaign for election, (d) the processing— (i) is carried out by a permitted participant in relation to a referendum or a person acting with the authority of such a person, and (ii) is necessary for the purposes of the permitted participant’s campaigning in connection with the referendum, or (e) the processing— (i) is carried out by an accredited campaigner in relation to a recall petition or a person acting with the authority of such a person, and (ii) is necessary for the purposes of the accredited campaigner’s campaigning in connection with the recall petition.”
“For the benefit of all Members, we are before the knife, so we will have to go through a sequence of procedures. It would help me, the Clerk and the Minister if we had a degree of silence. This will take a little time, and we need to be able to concentrate. New Clause 48 Processing of personal data revealing political opinions “(1) Schedule 1 to the Data Protection Act 2018 (special categories of personal data) is amended in accordance with subsections (2) to (5). (2) After paragraph 21 insert— ‘Democratic engagement 21A (1) This condition is met where— (a) the personal data processed is personal data revealing political opinions, (b) the data subject is aged 14 or over, and (c) the processing falls within sub-paragraph (2), subject to the exceptions in sub-paragraphs (3) and (4).”