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by Munro Research

Data Protection (Independent Complaint) Bill [HL]


Official Summary

A Bill to amend the Data Protection Act 2018 to grant representative bodies and organisations power to exercise independent complaint and remedy rights on behalf of data subjects

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Overview

This bill amends the Data Protection Act 2018 to allow representative bodies and organizations to make data protection complaints on behalf of individuals, even without the individual's consent, if they believe the individual's data protection rights have been violated. This is particularly aimed at protecting vulnerable groups who may be less likely to complain themselves.

Description

The bill adds a new section (187A) to the Data Protection Act 2018. This section empowers specified organizations to independently exercise the rights of data subjects under Articles 77, 78, and 79 of the GDPR (General Data Protection Regulation), relating to lodging complaints and seeking judicial remedies. This applies to data processing covered by the GDPR and, to a more limited extent, data processing outside of GDPR's scope. The bill specifically mentions that “data subject” includes vulnerable groups such as children, the elderly, LGBT+ persons, those in strict religious communities, women in public positions and women at risk of domestic abuse and violence.

Government Spending

The bill does not specify any direct government spending. The impact on government spending will likely be indirect, potentially through increased workload for relevant government bodies processing complaints.

Groups Affected

  • Data subjects (individuals): Potentially positive impact; improved access to redress for data protection violations, especially for vulnerable groups.
  • Organizations processing personal data: Increased scrutiny and potential for more complaints.
  • Representative bodies and organizations: Granted new powers to act on behalf of data subjects.
  • Government bodies responsible for data protection: Potential increase in workload due to more complaints.
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