Part 5: Data Protection and Privacy Information Commissioner's role Section 93: Codes of practice: panels and impact assessments
Section 93 amends Part 5 of the DPA 2018 by inserting new sections 124B and 124C which amend the procedures by which the Commissioner develops statutory codes of practice under sections 121 to 124 and new section 124A of the DPA 2018.
	New section 124B outlines the requirement for the Commissioner to consult a panel of individuals when preparing a statutory code of practice, the process for establishing the panels and the arrangements the Commissioner should put in place on how the panel should conduct its activities. This is subject to new section 124B(11) which provides a power for the Secretary of State to make regulations to disapply or modify the new requirements for a panel to consider a code prepared under new section 124A of the DPA 2018.
	New section 124B(2) requires the Commissioner to establish a panel of individuals to consider the code, and new section 124B(3) sets out requirements for the members of the panel. The panel must include individuals with expertise in the subject matter of the code and other individuals the Commissioner considers are likely to be affected by the code or their representatives. This may include, for example, government officials; trade associations; representatives from relevant regulators, public authorities; civil society and industry bodies; and data subjects.
	New section 124B(4) outlines the Commissioner’s responsibilities before the panel considers the code. The Commissioner is required to publish the draft code and a statement relating to the establishment of the panel including the members of the panel, the process by which they were selected and reasons for their selection. The published statement under new section 124B(4)(b) does not need to take a particular form.
	New section 124B(5) allows for a new panel member to be appointed by the Commissioner if a current panel member is not willing or able to serve on the panel. A member may leave the panel permanently or on a temporary basis e.g. because of illness.
	Under new section 124B(6), the Commissioner is required to publish a statement, in no particular form, identifying the new member of the panel, the process of selection and the reasons for their selection.
	New section 124B(7) is self-explanatory.
	Under new section 124B(8), if the panel submits a report on the code within the period determined, the Commissioner must make any changes to the draft code the Commissioner considers appropriate (which could be none) before publishing the draft code, the panel’s response or a summary of it, and for instances where a recommendation by the panel has not been taken forward, the reasons for not doing so.
	New section 124B(9) is self-explanatory.
	New section 124B(10) makes clear that the new requirements for a panel to consider the code also apply to amendments prepared in relation to the code.
	New section 124B(11) provides a power for the Secretary of State to make regulations to disapply or modify the new requirements for a panel to consider a code, or an amendment to a code, which the Commissioner is required to prepare under new section 124A.
	Under new section 124B(12), these regulations are subject to parliamentary approval via the negative resolution procedure, meaning the regulation can be rejected in full by either House of Parliament.
	New section 124C outlines the requirement for the Commissioner to conduct and publish impact assessments when preparing a code of practice under sections 121 to 124A. This should include an assessment of who would be likely to be affected by the code and the likely effect the code will have on them.