Monday 18 December 2023

Campaign reply - Data reform

Now that the UK has left the EU, there is opportunity to simplify the clunky parts of our data protection laws and create a world class data rights framework that will allow us to realise the benefits of data use while maintaining high data protection standards. 

Data is fundamental to fuelling economic growth in all areas of society from unlocking medical breakthroughs to helping people travel, manage their finances and shop online. It is vital to the development and use of innovative technologies such as artificial intelligence.

The Government consulted on an ambitious package of reforms to create a new regime that is pro-growth and trusted for UK citizens and businesses. The Data Protection and Digital Information Bill was first introduced in 2022 but paused so Ministers could engage in a co-design process with business leaders and data experts – ensuring that the new regime built on the UK’s high standards for data protection and privacy, and seeks to ensure data adequacy while moving away from the ‘one-size-fits-all’ approach of European Union’s GDPR.

The Bill has since been improved (and reintroduced as the Data Protection and Digital Information (No. 2) Bill) to introduce a simple, clear and business-friendly framework that will not be difficult or costly to implement – taking the best elements of GDPR and providing businesses with more flexibility about how they comply with the new data laws. Furthermore, it will ensure the UK's new regime maintains data adequacy with the EU, and wider international confidence in the UK’s comprehensive data protection standards. By reducing the amount of paperwork and supporting international trade without additional costs if they're already compliant, the changes will give organisations greater confidence about when they can process personal data without consent. 

Ministers have improved the Bill to further cut down on the amount of paperwork organisations need to complete to show compliance. Now, only organisations whose processing activities are likely to pose high risks to individual’s rights and freedoms will need to keep processing records. This could include, for example, where organisations are processing large volumes of sensitive data about people’s health.

The new rules will give organisations more clarity about when they can process personal data without needing consent or weighing up their own interests in processing the data against an individual’s rights for certain public interest activities. This could include circumstances where there is a public interest in sharing personal data to prevent crime, safeguard national security or protect vulnerable individuals.

Alongside these new changes, the Bill will increase fines for nuisance calls and texts to be up to four per cent of global turnover or £17.5 million, whichever is greater, and aims to reduce the number of consent pop-ups people see online, which allow websites to collect data about an individual’s visit.

The Government's reforms are expected to unlock £4.7 billion in savings for the UK economy over the next 10 years and maintain the UK’s internationally renowned data protection standards so businesses can continue to trade freely with global partners, including the EU.

Thank you again for taking the time to contact me.

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