Data Rights Controversy – Campaigners Urge EU to Reconsider Data Adequacy of UK

Privacy campaigners are raising concerns about the UK's proposed Data Protection and Digital Information (DPDI) bill, fearing that it may compromise the data rights of European citizens.

The campaigners have penned a letter to the European Commission (EC), urging the reconsideration of the UK's data adequacy", granted post-Brexit in 2021.

The data adequacy status facilitated the seamless flow of personal data between the UK and the EU. However, it was granted with a caveat. Any major divergence from EU data protection laws could lead to its revocation.

The DPDI bill, anticipated to pass in Autumn 2023, plans to modify the UK's adherence to the EU's General Data Protection Regulation (GDPR) and Law Enforcement Directive (LED). This has raised concerns among privacy advocates.

Mariano delli Santi, from Open Rights Group, emphasized the potential impact on the EU-UK data adequacy agreement.

Prominent NGOs, including Open Rights Group, Privacy International, Foxglove, and Access Now, have endorsed the letter. Renowned legal and internet regulation experts like Ian Brown, Douwe Korff, and Max Schrems have also lent their support.

They argue that the DPDI bill contradicts the original agreement and paves the way for data protection deregulation in the UK. According to the campaigners, this could create a situation where private companies exploit the rules.

They could circumvent EU data protection standards by establishing a base in the UK. Moreover, they warn that the bill could empower the UK government to sanction invasive surveillance programs.

Critics also voice concerns about the potential impact on the UK data regulator's independence. They highlight issues with governmental influence over its strategic decisions and the exercise of its powers.

Adequacy Decision Under Scrutiny

Privacy advocates further argue that the DPDI bill could dilute the definition of personal data. This could encourage organizations to pseudonymize European personal data for onward transfers to third countries.

They also caution against the bill granting the UK government the power to authorize personal data transfers without necessary parliamentary oversight. Critics argue this could happen without guarantees to retain enforceable rights.

The UK is among 14 countries with GDPR adequacy decisions. Uniquely, it is the only one covering law enforcement data exchanges under the LED.

Secretary of State Michelle Donelan defended the data reforms, asserting they would balance business needs with high data protection standards. However, she acknowledged the need for compatibility with EU GDPR for businesses to continue data transfer to Europe.

The EU-UK data adequacy decision is up for review in 2024, and she highlighted the associated risks of diverging significantly from the EU GDPR.

The European Commission hasn't yet responded to the letter or the potential reconsideration of adequacy should the DPDI bill pass. Commissioner Didier Reynders has previously stressed the EU's commitment to data protection. He stated that the EU would intervene should the UK fail to maintain its alignment with EU data protection law.

Existing mechanisms could be used to revoke the UK's data adequacy if required. This includes a four-year sunset clause attached to the adequacy decision.

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