UK Government announces priority countries for new data adequacy partnerships
The UK has announced today it is assessing the US and many other countries data adequacy via the UK GDPR.
The government says it has adopted a ‘creative approach to designing globally interoperable transfer mechanisms.’
First priority destinations for adequacy are (in alphabetical order) Australia, Brazil, Colombia, the Dubai International Financial Centre, India, Indonesia, Kenya, the Republic of Korea, Singapore, and the US.
The Department for Digital, Culture, Media & Sport (DCMS) has made public its UK adequacy manual which includes a template for assessing adequacy by means of questions about the relevant information relating to a country’s data protection law and other provisions.
When the DCMS adequacy team reaches a conclusion on a particular country, it will make a recommendation to the Secretary of State who will, after consulting the Information Commissioner and any others considered appropriate, decide whether to make a determination of adequacy in respect of a specific country.
The government had previously confirmed that all EU countries, and jurisdictions with existing adequacy arrangements remain adequate.
Today’s announcement also confirms that its preferred candidate for the next UK Information Commissioner is New Zealand’s Information Commissioner, John Edwards.
Eduardo Ustaran, Co-Head of the global Privacy and Cybersecurity practice at Hogan Lovells, commented:
“What the UK government is testing is our ability to recognise that the protection of personal data around the world comes in different shapes and forms, but can still be effective. .. John Edwards as the next Information Commissioner is a vote for no-nonsense and pragmatism for the future of data protection regulation.”
The government intends to consult on reforms to the UK’s future data regime in due course.
Follow these developments in more detail in PL&B UK Report.