UK announces Data Reform Bill

31. May 2022

In 2021 the Department for Culture, Media and Sport (DCMS) published a consultation document entitled “Data: a new direction”, requesting opinions on proposals that could bring changes to the UK’s data protection regime. On May 10, 2022, as part of the Queen’s Speech, Prince Charles confirmed that the government of the United Kingdom (UK) is in the process of reforming its data privacy rules, raising questions about whether the country could still be in compliance with the General Data Protection Regulation (GDPR).

Other than the statement itself, not much information was provided regarding the specific details. The accompanying briefing notes provided more information. They set out the main purposes of the Bill, namely to:

  • The establishment of a new pro-growth and trusted data protection framework
  • Reducing the burdens on business
  • Creation of a world class data rights regime
  • Supporting innovation
  • Driving industry participation in schemes which give citizens and small businesses more control of their data, particularly in relation to health and social care
  • Modernization of the  Information Commissioner’s Office (ICO), including strengthening its enforcement powers and increasing its accountability

Nevertheless, the defined goals are rather superficial. Another concern is that the new bill could deviate too far from the GDPR. The new regime might not be able to retain the adequacy-status with the EU, allowing personal data to be exchanged between UK and EU organizations. Prime Minister Johnson said that the Data Reform Bill would “improve the burdensome GDPR, allowing information to be shared more effectively and securely between public bodies.” So far, no time frame for the adoption of the new law has been published.