Roundtable on proposed reform to UK data protection legislation
25 May 2022
Norton Rose Fulbright, London
Roundtable to enable companies and their advisors, to provide feedback and constructive comments to Julia Lopez, DCMS Minister, on the government’s proposals on reforming UK data protection legislation.
There is a balance to be struck between making the most of Brexit opportunities and risking the UK’s valuable EU adequacy declaration. Of particular interest is the extent to which UK policy decisions would lead to UK diversion from compatibility with the EU GDPR which provides the common framework for companies operating across the European Economic Area. An update on DCMS discussions with the European Commission on this compatibility issue would be valuable.
The government is considering nearly 3,000 comments to its consultation document, Data: A new direction, and is planning to publish its response and the main lines of its policy decisions in spring 2022.
This Roundtable will follow soon after publication of this new government document.
To provide a familiar structure to the discussion, the programme follows the lines of the original consultation document.
This interactive Roundtable is an ideal opportunity for you to gain understanding of how your views on the government’s reforms match those of others. While there might be consensus on some issues of the need for change, opinions might vary on others. By attending this event, you will learn the extent to which you are in the mainstream or an outlier.
The speakers are DCMS policy advisors who have worked on developing government policy and will advise the minister:
- Elisabeth Stafford, Data Protection Reform - Reuse, Research, and Public Sector
- Emily James, Senior Policy Manager, Domestic Data Protection Policy
- Robin Edwards, Data Protection Reform Team
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09.00 Registration and Coffee 09.30 Reducing barriers to responsible innovation
- Research purposes and further processing
- Anonymization, compatibility of processing and purpose limitation
- Legitimate interests
- Artificial Intelligence and Machine Learning (fairness & reform of GDPR Art 22 on automated decision-making)
- Data Minimisation and anonymisation relevant to the private sector or public/private partnerships
10.30 Coffee 10.45
Reducing burdens on businesses and delivering better outcomes for people
- Reform of the Accountability Framework
- Changes to subject access requests
- Raising of the breach reporting threshold
- Complaints resolution process
- Privacy and electronic communications
- Use of personal data for the purposes of democratic engagement
11.45 Coffee 12.00
Boosting trade and reducing barriers to data flows
- Alternative Transfer Mechanisms e.g. UK International Transfer Agreements (status of current agreements and negotiations with countries/jurisdictions outside the EEA)
- Certification Schemes
13.00 Lunch 14.00
Reform of the Information Commissioner’s Office including enforcement powers
- Strategy, Objectives and Duties - Independence, competences and priorities of the ICO
- Governance Model and Leadership
- Accountability and Transparency
- Codes of Practice and Guidance
- Enforcement powers
- An ICO power to commission technical reports
- An ICO power to compel witnesses to answer questions at interview
- Amending the statutory deadline for the ICO to issue a penalty following a Notice of Intent
- Enhancing the ICO’s accountability regarding investigations – a requirement on the ICO to set out anticipated timelines for the phases of an investigation to the relevant data controller(s) at the beginning of an investigation.
Each session will follow this format:
- A statement of up to 10 minutes from the DCMS speakers explaining how the DCMS’s plans for reform of UK data protection law on each subject has evolved following the consultation process, in short, the rationale for change. An explanation of the main responses to the many questions to stakeholders in the original consultation would provide the context for understanding the policy decisions taken by the DCMS policy team.
- A specialist lawyer from Norton Rose Fulbright may respond briefly to the DCMS opening statement.
- Discussion opens to all participants.
We will invite questions from the participants at least a week in advance of the event which will give the DCMS Team an opportunity to prepare responses on complex issues. We expect these written questions to be addressed before questions and comments are taken from the participants in the room.
- Output from the Roundtable
The output from this event will be a memo to Julia Lopez, the DCMS, Minister which will be drafted by host firm lawyers and provide to the DCMS and the ICO a record of the participants’ policy recommendations. This paper will not attribute comments to individuals nor their organisations but provide their sector if relevant to the context. This memo to the DCMS Minister will also be sent to all the participants so they know that their substantive views have been recorded and submitted to the DCMS.