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Data Controllers

Volume 712: debated on Thursday 2 July 2009

Questions

Asked by

To ask Her Majesty's Government how many private and voluntary data controllers have been (a) considered to be within the scope of assessment notices, and (b) inspected in accordance with an assessment notice. [HL4594]

To ask Her Majesty's Government where private and voluntary data controllers that have been inspected in accordance with an assessment notice, for which public authorities they were exercising functions or providing services under a contract. [HL4595]

To ask Her Majesty's Government where private and voluntary data controllers have been inspected in accordance with an assessment notice, for what reasons notices were issued; and what were the results of those inspections. [HL4596]

No assessment notices have yet been served by the Information Commissioner’s Office because they are among the provisions in the Coroners and Justice Bill, currently before Parliament.

The Government are currently considering which data controllers, in addition to government departments, should be brought within the scope of assessment notices under proposed new Section 41A(2)(b) of the Data Protection Act (inserted by Clause 156 of the Bill). Any proposals to include additional data controllers within scope will follow consultation with the persons concerned.

The Government are separately considering the arguments that have been made in favour of amending the Bill to extend further the assessment notice scheme to cover a broader range of data controllers, including those in the private sector.