It was confirmed last week in the Queen's Speech that reform of the UK's data protection regime remains very much a part of the Government's plans, and that we should expect a new Data Reform Bill (Bill) to surface during the Summer. While there remains little information on the extent of the reform for now, the proposals will be seeking to strike an acceptable balance between reducing some of the administrative burdens associated with the GDPR (particularly for SMEs involved in low risk data processing), and ensuring that protections for individuals remain sufficient to preserve the UK's "adequacy" status. It seems likely, however, that many businesses can at least expect a reduction to their governance and record-keeping obligations, as the Government has stated its intention to move towards more flexible "privacy management programs" favoured by several other non-EU jurisdictions.
On 10 September 2021 the Department for Culture, Media and Sport (DCMS) published a consultation document entitled "Data: a new direction" (Consultation), requesting views on a number of proposals that could bring sweeping changes to the UK's data protection landscape. The Consultation closed on 19 November 2021, but we are still waiting for the Government to comment on the +3000 responses it has received.
What we learned last week
There was little to be gleaned regarding the specific proposals from Queen's Speech itself, though the accompanying Briefing Notes were a little more enlightening. They set out the main purposes of the Bill, namely to:
- create a world class data rights regime
- establish a new pro-growth and trusted data protection framework
- reduce burdens on business
- support innovation
- modernise the ICO, including strengthening its enforcement powers and increasing its accountability
- drive industry participation in schemes which give citizens and small businesses more control of their data, particularly in relation to health and social care.
As for the potential benefits, the Government's stated hopes are that the reform could:
- shift the emphasis of the UK's data regime to become more "outcomes-focused" and reduce burdens on UK businesses, allowing them to become more efficient and competitive
- empower citizens to use data to improve their lives, including by improving awareness of data subject rights
- clarify the regulatory environment to facilitate responsible innovation and scientific progress
- ensure that the ICO's activities target the organisations who breach data rights
- enhance the UK's position in the field of scientific and technological research, by simplifying the rules around use of personal data for such purposes.
All eyes are on the text of the Bill, and on its international reception…
