DP Minister: Government will consult on GDPR derogations

Speaking in Parliament on 12 December, Data Protection Minister, Matt Hancock, confirmed that the government is now working on the overall approach and the details of EU Data Protection Regulation (GDPR) implementation. “Details of any new legislation in this area will be made [public] in due course,” Hancock said.

“We plan to consult with stakeholders on key measures where we have the opportunity to apply flexibilities in the regulation to maximise and to protect our domestic interests and to get the balance right between delivering the protection that people need and ensuring that the regulation operates in a way that ensures that the UK’s data economy can be highly successful. For example, one measure will be on what the age of consent should be for children who wish to access information services. We want a data protection framework that works best for the UK and meets our needs. Those consultations will be forthcoming.”

Hancock also said that the UK has been lobbying the EU to prevent data localisation rules that are not appropriate. “That is a live issue in the EU at the moment. There is also work to be done between now and 2018 to make sure that we achieve a coherent data protection regime and that data flows with the EU are not interrupted after we leave. The Government are considering all options for the most beneficial way of ensuring that the UK’s data protection regime continues to build a culture of data confidence and trust that safeguards citizens and supports businesses in a global data economy.”

According to a leaked EU Communication, Building a European Data Economy, the Commission is considering legislation to prevent data localisation which can prevent free flow of data between Member States.

See https://hansard.parliament.uk/Commons/2016-12-12/debates/6EB0C615-2571-4B26-A75B-8CD1CF5FD854/EUDataProtectionRules