New Clause 48: Data Protection and Digital  Information Bill
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).
(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.
(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.
(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.
(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).
(7) This is the table referred to in the definitions of “candidate” and “elected representative” in sub-paragraph (6)—
Elected representativeCandidate for election as an elected representativemember of the House of Commonssection 118A of the Representation of the People Act 1983a member of the Seneddarticle 84(2) of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236)a member of the Scottish Parliamentarticle 80(1) of the Scottish Parliament (Elections etc) Order 2015 (S.S.I. 2015/425)a member of the Northern Ireland Assemblysection 118A of the Representation of the People Act 1983, as applied by the Northern Ireland Assembly (Elections) Order 2001  (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 1983an elected mayor of a local authority within the meaning of Part 1A or 2 of the Local Government Act 2000section 118A of the Representation of the People Act 1983, as applied by the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007  (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 2009section 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 2023section 118A of the Representation of the People Act 1983, as applied by the Combined Authorities (Mayoral Elections) Order 2017  (S.I. 2017/67)the Mayor of London or an elected member of the London Assemblysection 118A of the Representation of the People Act 1983an elected member of the Common Council of the City of Londonsection 118A of the Representation of the People Act 1983an elected member of the Council of the Isles of Scillysection 118A of the Representation of the People Act 1983an elected member of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994section 118A of the Representation of the People Act 1983an 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 commissionerarticle 3 of the Police and Crime Commissioner Elections Order 2012 (S.I. 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.
(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.
(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’.
(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.)