I've written to my MP, again, about the Data Use & Access Bill, which is due back for a vote in the House of Commons next week, requesting her support for digital rights amendments to the Bill proposed by Siân Berry of the Greens, Alex Sobel from Labour and Steff Aquaone of the Lib Dems.
"Please pass on my thanks to your colleague, Steff Aquaone MP, for proposing an amendment to the Data Use and Access Bill that creates a right to use non-digital forms of ID, which will, hopefully, improve accessibility and digital inclusion.
I would also ask that you support two other important amendments to the Bill, when it comes back to the House of Commons in early May, tabled by Sian Berry of the Green Party and Alex Sobel of Labour. The Bill is scheduled for its report stage on the 7th May.
These amendments aim to improve the protection of personal data for vulnerable groups — something I hope you’ll agree is essential.
1. Supporting those most at risk of harm
The Information Commissioner’s Office currently faces a serious backlog in handling complaints. This affects everyone, but especially vulnerable individuals. For example, survivors of domestic abuse and gender-based violence often face heightened risks from online stalking and other forms of digital harm.Siân Berry is proposing an amendment to introduce a statutory complaints procedure for people in vulnerable situations, along with a right of appeal to the Information Tribunal. This would give those most at risk a clearer, fairer route to justice.
2. Protecting data from unsafe overseas transfers
The Bill also makes it easier for personal data to be transferred outside the UK — including to countries that lack strong data protection laws. Once data is moved abroad, it can be accessed or misused in ways that would be illegal in the UK.For vulnerable groups — such as refugees, survivors of abuse, and people facing persecution — this poses serious risks. A single data breach overseas could have life-altering consequences.
Alex Sobel MP has tabled an amendment to strengthen safeguards for international data transfers. It would help ensure that UK citizens’ data is not exposed to harmful misuse abroad.
3. The right to non-digital ID verification
The bill establishes a framework for digital ID verification services. It is absolutely critical that people should continue to have the right to use a non-digital form of ID. This would improve accessibility and digital inclusion. As you know, Steff Aquarone MP has tabled this amendment.A copy of these amendments are included below and is also available on the amendment papers for the Bill at
https://publications.parliament.uk/pa/bills/cbill/59-01/0179/amend/data_use_rm_rep_0422.pdf
Thank you for your time, and I look forward to your reply.
Siân Berry MP - Complaints procedure for vulnerable individuals - NC15
Siân Berry
.To move the following Clause—
“Complaints procedure for vulnerable individuals
(1) The Data Protection Act 2018 is amended in accordance with subsections (2)
to (4).
(2) After section 165(3) insert—
“(3A) For complaints under subsection (2), the Information Commissioner
must provide appropriate complaints-handling procedures for—
(a) victims of modern slavery,
(b) victims of domestic abuse,
(c) victims of gender-based violence, or
(d) data subjects otherwise in a position of vulnerability.
(3B) Procedures under subsection (3A) must include—
(a) appropriate support for vulnerable individuals;
(b) provision of specialised officers for sensitive cases;
(c) signposting to support services;
(d) provision of a helpline;
(e) de-escalation protocols.”
(3) After section 166(1)(c) insert—
“(d) fails to investigate a complaint appropriately or take adequate action to remedy findings of inadequacy.”
(4) After section 166(2)(b), insert—
“(c) to use formal powers as appropriate to investigate a complaint and to remedy any findings of inadequacy, unless the request from the data subject is manifestly unfounded or excessive.””Member's explanatory statement
This new clause would require the Information Commission to introduce a statutory complaints procedure for individuals in a position of vulnerability and new grounds of appeal to an Information Tribunal.
Alex Sobel MP –Data transfers overseas - Amendment 10
Alex Sobel
.Schedule 7, page 201, line 5, at end insert—
“(1B) A third country cannot be considered adequate or capable of providing
appropriate safeguards by any authority where there exists no credible means
to enforce data subject rights or obtain legal remedy.
(1C) For the purposes of paragraph 1A, the Secretary of State must make a
determination as to whether credible means are present in a third country.
(1D) In making a determination regarding credible means, the Secretary of State
must have due regard to the view of the Information Commissioner.
(1E) Credible means do not exist where the Secretary of State considers that any
of the following are true:
(a) judicial protection of persons whose personal data is transferred to that
third country is insufficient;
(b) effective administrative and judicial redress are not present;
(c) effective judicial review mechanisms do not exist; and
(d) there is no statutory right to effective legal remedy for data subjects.”Member's explanatory statement
The amendment would prohibit personal data transfer to countries where data subject rights cannot be adequately upheld and prohibit private entities from using contracts to give the impression that data security exists.
Steff Aquarone MP - “Right to use non-digital verification services - NC7
(1) This section applies when an organisation—
(a) requires an individual to use a verification service; and
(b) uses a digital verification service for that purpose.
(2) Where it is reasonably practicable for an organisation to offer a non-digital
method of verification, the organisation must—
(a) make a non-digital alternative method of verification available to any
individual required to use a verification service; and
(b) provide information about digital and non-digital methods of
verification to those individuals before verification is required.”Member's explanatory statement
This new clause would create a duty upon organisations to support digital inclusion by offering non-digital verification services where practicable."
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