Is the most dynamic data protection regime in the world on the horizon for the UK?

Is the most dynamic data protection regime in the world on the horizon for the UK?

How is your crystal ball looking?

With the revolving door at Number 10, the potential replacement legislation to the GDPR in the UK that was announced in the 2022 Queen’s speech under Boris Johnson, is now uncertain.

That particular document stated that the aim was to create a Data Reform Bill that would

“ . . . create a new pro-growth and trusted UK data protection framework.”

Steps were taken to progress this.  The Department for Digital, Culture, Media and Sport did introduced a new Bill : The Data Protection and Digital Information Bill, on 18 July 2022.

Its objective was to :

“Update and simplify the UK’s data protection framework to reduce burdens on organisations while maintaining high data protection standards. The governance structure and powers of the Information Commissioner’s Office (the regulator) would be reformed and transferred to a new body, the Information Commission.” Parliamentary briefing paper

However, that was two Prime Ministers ago. The Bill’s second reading was due to be in Parliament on 5th September, but it didn’t happen. This announcement was made to the House that day:

“ . . . following the election of the new leader of the Conservative party, the business managers have agreed that the Government will not move to the Second Reading and other motions relating to the Data Protection and Digital Information Bill today to allow Ministers to consider the legislation further.” Parliamentary Business Statement

What happened next?

You may remember that the Conservative Party Conference happened under the brief tenure of Liz Truss. On 3rd October 2022, during the Conference, Michelle Donelan, the Secretary of State for Digital, Culture, Media and Sport (DCMS) made a speech announcing that the UK Government was planning on replacing the UK GDPR with a new “British data protection system”. She didn’t go into detail about what form this new system would take (she didn’t refer to the Data Protection and Digital Information Bill). However, the main message was about balancing the requirements for consumer privacy and protection whilst making it “simpler and clearer for businesses to navigate”.

She talked about “retaining our data adequacy” which is an important legal vehicle that allows the UK to move data more freely to and from the EU and was granted in June 2021. It was approved because the UK’s data protection legislation is currently deemed to offer equal protection to citizens as the EU GDPR does.

It will be important that this adequacy agreement is maintained. If your business relies on this adequacy decision, do keep your eye on developments (we will keep you up to date via this blog and our monthly emails, so do subscribe here if you haven’t already).

Yet another new Prime Minister

Despite that speech being only 5 weeks ago, we have another Prime Minister in place, so what the future holds for data protection legislation is uncertain.

What we do know is this. Michelle Donelan, who made the speech at the Conservative Party Conference, has kept her role as Secretary of State for DCMS. We also know that new Prime Minister Rishi Sunak is not a fan of GDPR. So, whilst it is not clear exactly which way the Government will go with this, it is very likely that some kind of reform is on the horizon.

On 16th July 2022, writing in the Daily Telegraph during his campaign to replace Boris Johnson, Rishi Sunak said this:

“Today, I make a promise. If I am elected prime minister, by the time of the next General Election, I will have scrapped or reformed all of the EU law, red tape and bureaucracy that is still on our statute book and slowing economic growth. . .
. . . the government would also remove the burdens of GDPR, creating in its place the most dynamic data protection regime in the world.”

So it is watch this space to find out if the most dynamic data protection regime in the world is indeed going to be on the horizon for the UK.

Here at Griffin House Consultancy we keep our ear to the ground, and we do indeed, ‘watch this space’ and we share the latest updates with you.

If you need to know anything data protection related, if you just want some peace of mind or have a training requirement (The ICO is still busy fining organisations that don’t comply to UK GDPR), please take advantage of your complimentary thirty-minute consultation.