Legislative Consent: Data Protection and Digital Information Bill

The Data Protection and Digital Information Bill (the Bill) was introduced in the House of Commons on 8 March 2023.

The Bill is a carry over and was previously (March – December 2023) titled the Data Protection and Digital Information (No. 2) Bill.

The long title to the Bill notes that it is a Bill “to make provision for the regulation of the processing of information relating to identified or identifiable living individuals; to make provision about services consisting of the use of information to ascertain and verify facts about individuals; to make provision about access to customer data and business data; to make provision about privacy and electronic communications; to make provision about services for the provision of electronic signatures, electronic seals and other trust services; to make provision about the disclosure of information to improve public service delivery; to make provision for the implementation of agreements on sharing information for law enforcement purposes; to make provision about the keeping and maintenance of registers of births and deaths; to make provision about information standards for health and social care; to establish the Information Commission; to make provision about oversight of biometric data; and for connected purposes.”

The Bill is subject to the legislative consent process under Standing Order 29. This is when the consent of the Welsh Parliament is sought by the UK Government to legislate on an issue which falls within the competence of the Senedd.

The Legislative Consent Motion for the Data Protection and Digital Information Bill was not agreed in Plenary on 14 May 2024.

On 22 May 2024 it was announced that a UK General Election would take place on 4 July 2024. The Data Protection and Digital Information Bill failed to complete its passage through UK Parliament before the prorogue of Parliament on 24 May 2024 and its dissolution on 30 May 2024. This means the Bill will make no further progress and the Senedd’s consent process is no longer engaged.

Supplementary Legislative Consent Memorandum – April 2024

On 25 April 2024 the Welsh Government laid a Supplementary Legislative Consent Memorandum (PDF 170KB).

The Business Committee referred the SLCM to the Culture, Communications, Welsh Language, Sport, and International Relations Committee and the Legislation, Justice and Constitution Committee with a reporting deadline of 13 May 2024 (PDF 49KB).

The Culture, Communications, Welsh Language, Sport, and International Relations Committee wrote to the Business Committee on 10 May 2024.

The Legislation, Justice and Constitution Committee laid its report (PDF 276KB) on 13 May 2024. The Welsh Government responded (PDF 157KB) to the report on 17 June 2024.

Supplementary Legislative Consent Memorandum – December 2023

On 11 December 2023 the Welsh Government laid a Supplementary Legislative Consent Memorandum (PDF 153KB).

The Business Committee referred the SLCM to the Culture, Communication, Welsh Language, Sport and International Relations Committee and the Legislation, Justice and Constitution Committee with a reporting deadline of 2 February 2024 (PDF 38.8KB).

The Legislation, Justice and Constitution Committee laid its report (PDF 215KB) on 26 January 2024. The Welsh Government responded to the report (PDF 178KB) on 8 March 2024. The Welsh Government wrote again on 16 April 2024, in response to further questions the Committee asked on 15 March 2024.

The Culture, Communications, Welsh Language, Sport, and International Relations Committee laid its report on The Data Protection and Digital Information (No. 2) Bill Legislative Consent Memoranda No.3(PDF 268KB) on 19 February 2024. The Welsh Government responded to the report on 13 May 2024.

Supplementary Legislative Consent Memorandum – May 2023

The Welsh Government laid a Supplementary Legislative Consent Memorandum (PDF 163KB) on the Bill before the Senedd on 25 May 2023.

The Business Committee agreed (PDF 39.1KB) that the Supplementary Legislative Consent Memorandum on the Data Protection and Digital Information (No.2) Bill will be considered and reported on, to the Senedd, by 15 September 2023.

The Culture, Communications, Welsh Language, Sport, and International Relations Committee laid its report on the Data Protection and Digital Information (No. 2) Bill Legislative Consent Memoranda No.1 and No.2 (PDF 189KB) on 21 July 2023.

The Legislation, Justice and Constitution Committee laid its report on the Legislative Consent Memoranda for the Data Protection and Digital Information (No.2) Bill (PDF 278KB) on 24 July 2023. The Welsh Government responded to the report on 5 September 2023.

Legislative Consent Memorandum – March 2023

The Welsh Government laid a Legislative Consent Memorandum (LCM) (PDF 124KB) on the Bill before the Senedd on 29 March 2023.

The Business Committee referred the LCM to the Culture, Communication, Welsh Language, Sport and International Relations Committee, and the Legislation, Justice and Constitution Committee, with a reporting deadline of 8 June 2023 (PDF 39.5KB).

On 25 April 2023, the Business Committee agreed (PDF 40.6 KB) a new reporting deadline of 6 July 2023.