What’s next for DPDI Bill?

The debate in the House of Lords Grand Committee has been lively. One of the topics discussed has been the UK’s EU adequacy and a potential threat to it resulting from the Bill’s provisions that take the UK further away from the EU GDPR.

Lord James Bethell, Lord Timothy Kirkhope (both Conservative), and Lord Tim Clement-Jones (Liberal Democrat) are seeking to prevent the UK from transferring data to countries which have “no credible means to enforce data subject rights or obtain legal remedies”. We do not know yet which data bridges the government will still create, and what the parameters will be. However, given that the EU recently renewed all old adequacy decisions, the bar may have been lowered for good. The government says it is in regular contact with EU officials at all levels. PL&B understands that the government is determined to have the Bill adopted preferably before the summer recess, and the general election.

For enforcement and guidance, UK business continues to often see similar approaches as those taken by the ICO’s European colleagues. Our correspondents say that the ICO’s new fining guidance highlights the convergence between the UK and EU on some key areas of the law and its interpretation.

The ICO’s consultation on the ‘pay or consent’ business model closed on 17 April, the same day that the European Data Protection Board issued its decision which states that large online platforms should consider providing individuals with an “equivalent alternative” that does not entail the payment of a fee.

On launching its consultation, the ICO said it would develop its thinking in light of this Opinion, and responses to its consultation. The ICO’s initial message was that the call for views should not be interpreted as confirmation that the pay or consent approach is legally compliant. At the same time, it was saying that “In principle, data protection law does not prohibit business models that involve pay or consent”. We will watch with interest how the ICO’s position develops.

Laura Linkomies
Editor, Privacy Laws & Business

May 2024