A New Direction
10 September 2021
One year after publishing its National Data Strategy, the UK Government's Department of Culture, Media and Sport (DCMS) today launched its long-awaited consultation on reform of the UK's data protection regime. In their words, it should be “based on common sense, not box ticking ... to cement UK’s position as a science and tech superpower."
The Governments seeks to reduce the administrative burden on organisations and make it more proportionate by moving "... away from the one-size-fits-all approach and allow organisations to demonstrate compliance in ways more appropriate to their circumstances, while still protecting citizens’ personal data to a high standard."
The consultation is wide-ranging and runs to 150 pages, covering headline topics including:
- Reducing barriers to responsible innovation
- Reform of the Accountability Framework
- Changes to the Data Subject Access Request regime
- Boosting Trade and Reducing Barriers to Data Flows
- Delivering Better Public Services
- Reform of the ICO
In implementing any resulting changes, the government will have to bear mind that there is a risk of losing the EU 'adequacy' decision in the UK's favour if new data protection provisions diverge in what is seen as a negative manner.
The consultation will run to 19th November. The DCMS press release is on their site and for further details or to take part in the consultation process, go to this link.
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Is this the face of the next Information Comissioner?
26 August 2021
Culture Secretary Oliver Dowden, of the Department for Digital, Culture Media and Sport (DCMS), today announced the Government's preferred candidate for the post of Information Commissioner to replace Canadian, Elizabeth Denham, who stands down on 31st October.
He is another Commonwealth citizen, John Edwards, who has served two terms as New Zealand's Privacy Commissioner since 2014 and comes with both a regulatory and legal background spanning over 20 years.
At the same time, the minister announced plans to consult on the future of the country’s data regime with the aim of making the UK's data regime even more ambitious, pro-growth and innovation-friendly, while still being underpinned by secure and trustworthy privacy standards. He said that he was determined to "... seize the opportunity by developing a world-leading data policy that will deliver a Brexit dividend for individuals and businesses across the UK."
The intention appears to be to forge new international data partnerships with fast growing economies to benefit British firms and consumers. That will mean reforming the data laws so that they are "... based on common sense, not box-ticking."
Forming these partnerships will involve making early ‘data adequacy' decisions in favour of the United States, Australia, the Republic of Korea, Singapore, the Dubai International Finance Centre and Colombia, followed by India, Brazil, Kenya and Indonesia.
We can only await developments with interest.
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ICO Consults on International Transfers
11 August 2021
There has been much uncertainty over international transfers of personal data, both from the UK and the EU, since the Schrems II judgement. The EU's 'Standard Contractual Clauses' - one of the routes to compliance - are under review and the UK's ICO has now commenced a consultation of its own, based on a new International Transfer Risk Assessment Tool and an IDTA (International Data Transfer Agreement) intended to replace the standard contractual clauses.
To quote the ICO, their "... IDTA and associated documents also form part of a wider UK package to assist international transfers, including independently supporting the Government’s approach to adequacy assessments of third countries. (They) aim to provide greater regulatory certainty and assist organisations to comply with the law."
The consultation runs until 7th October 2021. Full details, including how to respond, can be found here.
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