Overview

This bill amends the Data Protection Act 2018 to allow representative bodies and organisations to make data protection complaints and seek remedies on behalf of individuals, even without those individuals' explicit permission. This aims to help vulnerable groups exercise their data protection rights more effectively.

Description

The bill adds a new section (187A) to the Data Protection Act 2018. This section empowers specified bodies and organisations to act independently on behalf of data subjects whose data protection rights have been violated.

For data processing covered by the General Data Protection Regulation (GDPR): Organisations meeting Article 80 of the GDPR can independently exercise the data subject's rights under Articles 77, 78, and 79 (the rights to complain and obtain judicial remedies).

For data processing not covered by GDPR: Organisations meeting conditions outlined in Section 187(3) and (4) of the existing Act can independently exercise some or all of the data subject rights specified in Section 187(2)(a, b, c, and d).

The bill specifically names vulnerable groups whose rights these organisations can defend, including children, the elderly, LGBT+ persons, those in strict religious communities, women in public positions, and women at risk of domestic abuse and violence. The bill applies to England, Wales, Scotland, and Northern Ireland and comes into effect immediately upon passage.

Government Spending

The bill doesn't directly specify any associated government spending. The financial impact will likely depend on the implementation and enforcement of the new provisions, which might involve increased resources for relevant authorities.

Groups Affected

This bill primarily affects:

• Vulnerable individuals: Children, the elderly, LGBT+ people, those in strict religious communities, women in public positions, and women at risk of domestic abuse and violence will benefit from having representative bodies act on their behalf.
• Data controllers: Organisations processing personal data will need to be aware of the increased potential for complaints from representative bodies.
• Representative bodies and organisations: These groups will gain the power to act on behalf of data subjects, potentially increasing their workload and responsibilities.
• Regulatory bodies: The Information Commissioner's Office (ICO) and other data protection authorities might see an increase in complaints and need to adapt their processes.

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