NEWS25 August 2017

UK gov't outlines ‘ambitious’ post-Brexit data arrangements

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UK – A new paper has outlined how the UK government is considering an ‘ambitious’ model for the protection and exchange of personal data within the EU after Brexit.

Data handshake crop

The paper, The exchange and protection of personal data: a future partnership paper, outlines the importance of data flow for the UK and EU economies and for wider cooperation, including on matters of law enforcement. 

'The UK starts from an unprecedented point of alignment with the EU,’ the report states.

'In recognition of this, the UK wants to explore a UK-EU model for exchanging and protecting personal data, which could build on the existing adequacy model, by providing sufficient stability for businesses, public authorities and individuals, and enabling the UK’s Information Commissioner’s Office (ICO) and partner EU regulators to maintain effective regulatory cooperation and dialogue for the benefit of those living and working in the UK and the EU after the UK’s withdrawal.'

It goes on to state that a UK-EU model for exchanging and protecting personal data should recognise that the UK is compliant with EU data protection law and wider global data protection standards, and that the UK will introduce a Data Protection Bill which will, among other things, implement the GDPR and the DPD.

'In light of the UK’s unprecedented position, the future deep and special partnership between the UK and the EU could productively build on the existing adequacy model in two key respects.' 

These are:

  • Regulatory co-operation: an ongoing role for the ICO in EU regulatory fora, in helping determine the practical application of EU data protection law within EU fora, and in sharing its resources and expertise with the network of EU data protection authorities
  • Certainty and stability: a UK-EU model for exchanging and protecting personal data; avoiding regulatory uncertainty over the nature of the data relationship between the UK and EU immediately on exit; agreeing early in the process to mutually recognise each other’s data protection frameworks; agreeing a negotiating timeline; and ensuring flows of data between the UK and third countries with existing EU adequacy decisions can continue on the same basis after the UK’s withdrawal

The full paper can be accessed here.