Hawktalk

According to press leaks, tomorrow’s Queen’s Speech is likely to contain two pieces of legislation that impacts on the current UK’s data protection regime.  Evidently they will form part of the Great Brexit Dividend which, surprisingly, has yet to reveal itself to the general public. According to the leaks, there is to be a Data Reform Bill, which is intended to implement the DCMS proposals, post its consultation (“Data: a new direction”). There will also be legislation intended to implement

I have come to the conclusion that the Government does not care whether or not the UK’s Adequacy Agreement with the European Commission continues after its expiry (latest in mid-2025). This conclusion is based on the well-publicised deficiencies in the two consultation exercises of the DCMS (on data protection) and MoJ (on human rights) and the recent report of Joint Parliamentary Committee on Human Rights into the MoJ proposals.  This latter Report carries many warnings concerning the Government’s intent to

This blog reviews the new Information Commissioner’s speech at the end of March to a group of IAPP data protection specialists.  The speech contained statements that I don’t recognise as being consistent with the DCMS proposals for changing the UK_GDPR. One passage in the speech related to the general importance of the need for a lawful basis for many actions; whether that lawful basis relates to stop and search by the police, or the processing of personal data by a

The Ministry of Justice (“MoJ”) Consultation,  “Human Rights Act Reform: A modern Bill of Rights” (the “Consultation”), contains proposals that tips the balance between “respect for private and family life.” (A.8) and freedom of expression and to impart information (A.10) in favour of the latter (A.10). Quoting a single ECHR judgment (ML v Slovakia) as justification for the changes, the Consultation fails to realise the judgment does the precise opposite.   A case which initially appears to be one where the