King’s Speech Introduces New Data Protection Bill
22nd July 2024
Following Labour’s victory in the general election, they have confirmed that they intend to reform the UK’s data protection laws. King Charles III’s speech at the State Opening of Parliament on Wednesday 17th July addressed this and other issues in the legislative agenda. The upcoming Digital Information and Smart Data (DISD) Bill is likely to include parts of the previous Data Protection and Digital Information DPDI Bill that was introduced but not passed by the previous Conservative government.
According to a briefing paper published by the government alongside the King’s speech, the Bill will:
“enable new innovative uses of data to be safely developed and deployed and will improve people’s lives by making public services work better by reforming data sharing and standards; help scientists and researchers make more life-enhancing discoveries by improving our data laws; and ensure your data is well protected by giving the regulator (the ICO) new, stronger powers and a more modern structure”. Source – Pinsent Masons
The DISD Bill is accompanied by the Cyber Security and Resilience Bill, which will give greater powers to regulators to encourage organisations to implement better cybersecurity defences, thus further protecting individuals’ data.
Here are some key features that will likely be included in the DISD Bill:
Loosening restrictions for scientific research
Similar to the previous DPDI BIll, the new DISD Bill will ease some restrictions on processing personal data for scientific research. The new Labour government stated the Bill would allow scientists to “ask for broad consent for areas of scientific research” and enable legitimate commercial researchers to benefit from similar freedoms. – Source – Pinsent Masons
Structural Changes to the Information Commissioner’s Office
The Office of the Information Commissioner (ICO) would be modernised and restructured to shift decision-making from one person to a statutory board headed by a chair and CEO. The ICO would also be granted stronger powers, which have not been specified at this time. Some have raised concerns that this reform of the ICO may bring into question the EU-UK adequacy decision which relies on the ICO being an independent regulator. Privacy campaigners, the Open Rights Group have claimed that the ICO’s independence would be undermined and that it needs other urgent changes, including having its appointment transferred to Parliament, implementing collective redress mechanisms, and reforming Section 166 of the UK DPA to allow the Information Tribunal to thoroughly review ICO enforcement decisions. Source: Decision Marketing
Modernising Approach to New Technologies
The Bill will take steps to ensure the safe deployment of new technology including AI and introduce new standards for privacy, security and inclusion. It aims to establish secure Digital Verification Services and Smart Data Schemes that can assist with sharing data and transferring accounts with utilities when moving house, performing pre-employment checks, and buying age-restricted goods and services. Source – Local Government Lawyer
Reforming Data Sharing Standards
The Bill also plans to improve public services by enabling the government to share data relating to public services and provide information standards to health and social care IT suppliers.
At the moment, the specific contents of the new DISD Bill have not yet been disclosed at the time of writing (22nd July 2024), but we will bring you updates as and when there is more news on the Bill.
Author: Paul Adams LLB (HONS)
Paul is an information governance specialist and one of the founder Directors of the Griffin House Consultancy, a leading specialist data protection and information governance consultancy firm that supports hundreds of clients annually with their training, consulting and auditing requirements.
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