I wrote a little piece on my linkedin blog on the EU Commission’s proposal to agree a data “adequacy” agreement. I point out the next set of hurdles, although I downplay the likelihood of any intervention by the CJEU but note that not was critical in striking down the original EU/US “Safe Harbour” agreement. I note that one threat to its renewal at the end of its four year live is the desire and plans of the British Govt to depart from the current legal protections which are based on the EU’s GDPR.
Issues of state surveillance, the European Council’s Convention 108 and the Human Rights act are all engaged. We’ll probably get it, but for it to be renewed, we’ll have to remain aligned with the GDPR & C108. The right to seek judicial redress by EU citizens may become important as it is a point of contention between the EU & US over the Privacy Shield.
One indicator of a desire for divergence is the advert for the role of Information Commissioner, which asks for,
The Government’s National Data Strategy sets out its ambition for the UK’s pro-growth and trusted data regime, one that helps innovators and entrepreneurs to use data responsibly and securely, without undue regulatory uncertainty or risk, …
cabinetoffice.gov.uk
This has been picked up by the Open Rights Group, who are asking people to write to their MPs, we need an independent Privacy Regulator.
The retreat from the promise of the GDPR is not just a UK phenomenon, across Europe pro-business politicians are beginning to say that it’s too onerous. It’s a shame we’re out, our voices no longer count