With less than a week before the EU GDPR becomes Law in the UK on the 25th of May, Parliamentary Amendments are still being fought over and even it seems, if media reports are to be believed, MPs who voted on the Bill are still in a state of confusion as to its data retention interpretations.
Eventually it will all come down to interpretation and what Case Law will be developed by the Courts. We already know that fundamentally at the heart of this new law, as outlined in Blog posts, is the Extraterritoriality aspect. As this legislation evolves, the Office of the Information Commissioner will play a greater role on the world stage in concert with the Foreign and Commonwealth Office.
Consider the following article extracts from the European Council (Art 50) Guidelines from 23rd March 2018:
“14In the light of the importance of data flows in several components of the future relationship, it should include rules on data. As regards personal data, protection should be governed by Union rules on adequacy with a view to ensuring a level of protection essentially equivalent to that of the Union.”
Recall PM May Five Tests from her Mansion House Speech 2nd March 2018 Speech? (Yes, this year!)
Her Forth Test being:
“Fourth, we will need an arrangement for data protection. I made this point in Munich in relation to our security relationship. But the free flow of data is also critical for both sides in any modern trading relationship too. The UK has exceptionally ambitious standards of data protection. And we want to secure an agreement with the EU that provides the stability and confidence for EU and UK business and individuals to achieve our aims in maintaining and developing the UK’s strong trading and economic links with the EU. That is why we will be seeking more than just an adequacy arrangement and want to see an appropriate ongoing role for the UK’s Information Commissioner’s Office. This will ensure UK businesses are effectively represented under the EU’s new ‘one stop shop’ mechanism for resolving data protection disputes.”
Why does the Information Commissioner's Office make into these Five Tests?
We have already witnessed the role the Information Commissioner played in the demise of Cambridge Analytica both here in the UK and with the FTC in the US. We have also witnessed Mark Zuckerberg snub to the Digital, Culture, Media and Sport Committee in preference for an in-camera appearance before the EU Parliament. But will Mark Zuckerberg lay out any evidence against the UK Government and its Agencies regarding possible collusion, however tentative it may be? Clearly, we don't as yet know why he has taken this step and what he has up his sleeve. But, for sure, the Select Committee has become bogged down in chasing its tail over Fake News. As intended, of course, by the originators.
However, the important point, is whether PM May will get her way in the Brexit negotiations over Data Sharing.
Consider further the following Data Sharing Articles contained within The Draft Agreement from the 19th March 2018 and their status:
“Article 7 Access to network and information systems and data bases.
Unless otherwise provided in this Agreement, at the end of the transition period, the United Kingdom will cease to be entitled to access any network, any information system, and any database established on the basis of Union law. The United Kingdom will take appropriate measures to ensure that it does not access a network, information system, or database which it is no longer entitled to access.”
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