Lead member
Matt Vickers
Conservative, Stockton West
Commons
Decision
No decision
The House has not considered this amendment.
Amendment text
To move the following Clause—
“Exemptions from the UK GDPR: illegal migration and foreign criminals
(1)
The Data Protection Act 2018 is amended as follows.
(2)
In subsection (2)(b) of section 15 (Exemptions etc), at end insert “, and makes provision about the exemption from all GDPR provisions of persons who entered the United Kingdom illegally and foreign criminals;
(3)
In paragraph (2) of Schedule 2, after sub-paragraph (1) insert—
“(1A)
GDPR provisions do not apply if the data subject entered the United Kingdom illegally or is a foreign criminal.
(1B)
For the purposes of sub-paragraph (1A)─
(a)
a person “entered the United Kingdom illegally” if they entered the United Kingdom—
(i)
without leave to enter, or
(ii)
with leave to enter that was obtained by means which included deception by any person; and
(b)
“foreign criminal” is defined in accordance with section 32 of the UK Borders Act 2007.”””
Member's explanatory statement
This new clause would disapply data protection laws from data on people who have entered the UK illegally or are Foreign National Offenders.