Hawktalk

This blog considers how the Data Protection and Digital Information Bill (the “Bill”) impacts on the lawful bases used in the context of voluntary data sharing with public bodies. It explains how the Government is building a legal infrastructure that provides Ministerial powers to legitimise voluntary and general data sharing across the public sector which does not need to consider whether data sharing is in the “public interest”. For instance, is it “in the public interest” to disclose personal data

This is the first in a series of blogs on the Data Protection and Digital Information Bill (the “Bill”) published just before the Parliamentary recess.  This blog explains: (a) how the Bill’s new definition of “personal data” works; (b) why the definition is very problematic for data subjects;  and (c) how, after nearly four decades of data protection law in the UK, the Government is promoting a definition of personal data that is demonstrably weaker than that in the DPA1984.

A fortnight ago, the Government published its UK Bill of Rights to replace the Human Rights Act 1998 (HRA). My main conclusions concerning the Bill of Rights relevant to data protection are: The Bill changes who interprets the meaning of necessity, public interest and proportionality and thereby changes the nature of the link between the UK_GDPR and A.8 of the European Convention of Human Rights (right of respect for private and family life etc). The Courts do not undertake the

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