Government responds to Brexit: the EU data protection package report

Friday 27 Oct 2017 @ 14:25
Parliamentary Committees and Public Enquiries

The Government has responded to the report of the EU Home Affairs Sub-Committee on Brexit: the EU data protection package.

Background

The Committee's report looks at the four elements of the EU's data protection package in order to examine the options available to the Government for securing uninterrupted data flows between the UK and EU after the UK leaves the EU:

There was consensus among our witnesses that the most effective way to achieve unhindered flows of data would be to secure adequacy decisions from the European Commission under Article 45 of the General Data Protection Regulation and Article 36 of the Police and Criminal Justice Directive, thereby confirming that the UK's data protection rules would offer an equivalent standard of protection to that available within the EU.
EU adequacy decisions can only be taken in respect of third countries – i.e. countries that are not EU Member States – and there will therefore be legal impediments to having such decisions in place at the moment of exit. If there is no transitional arrangement on data protection post-Brexit, this could put at risk the Government's objective of securing uninterrupted flows of data, thereby creating a cliff-edge.
Without a transitional arrangement, the lack of tried and tested fall-back options for data-sharing in the area of law enforcement would raise concerns about the UK's ability to maintain deep police and security cooperation with the EU and its Member States in the immediate aftermath of Brexit.
Even if the UK's data protection rules were aligned with the EU regime to the maximum extent possible at the point of Brexit, there remains the prospect that over time, the EU would amend or update its rules. Maintaining unhindered data flows with the EU post-Brexit could therefore require the UK to continue to align domestic data protection rules with EU rules that it no longer participates in setting.

Further information

Channel website: http://www.parliament.uk/

Original article link: http://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-home-affairs-subcommittee/news-parliament-2017/data-protection-government-response/

Share this article

Latest News from
Parliamentary Committees and Public Enquiries

Government rejects Committee’s calls for increased parliamentary scrutiny of treaties

18/04/2024 13:05:00

The Public Administration and Constitutional Affairs Committee (PACAC) today publishes the Government’s response to its report on scrutiny of international treaties.

New select committee proposed to provide scrutiny of highly confidential spending

15/04/2024 13:05:00

The Public Accounts Committee (PAC) today calls for the establishment of a new select committee, to consider sound financial practice and value for money in sensitive areas which are outside the remit of the statutory Intelligence and Security Committee of Parliament.

Government should learn lessons from pandemic to improve communications and counter misinformation

12/04/2024 15:05:00

Scientists working across government should be allowed and encouraged to take on a wider public facing role in the media to combat the spread of misinformation, a report from MPs says today.

MPs call for copyright changes and new champion for freelancers to improve precarious pay and working conditions in creative industries

10/04/2024 13:05:00

Many successful musicians, actors, writers and visual artists are struggling to make a living due to gaps in copyright protection, a lack of support for freelancers and unpredictable returns from music streaming, MPs warn today.

Equity in cricket: ECB must closely monitor Yorkshire to ensure no return to ‘business as usual’, MPs say

05/04/2024 14:05:00

The ECB must closely monitor Yorkshire CCC to ensure there is no return to the ‘business as usual’ that allowed a culture of discrimination to take root and thrive at the club, MPs say today.

Government must clamp down on unregulated canine fertility clinics and unlicensed pet breeders, say MPs

05/04/2024 12:25:00

The EFRA Committee wants the Government to address the fact that more than half of the puppies entering the market come from unlicensed breeders, and is today calling for a list of licensed breeders to be made public, and a change in the licensing regulations so as to include breeders of two or more litters a year, in order to counter low welfare breeding practices and provide assurance to buyers.

Committee urges Government to hold aviation industry accountable for emissions reductions

04/04/2024 14:05:00

The Environmental Audit Committee has urged the Government to hold the aviation industry accountable for its proposed emissions reductions, as it publishes the Government’s response to its report on net zero aviation.

Shared ownership is failing to deliver an affordable route to homeownership, say MPs

28/03/2024 16:05:00

Shared ownership schemes are drastically failing to deliver an affordable route to homeownership for too many people and subject buyers to rising rents, uncapped service charges, and a disproportionate exposure to repair and maintenance costs, says the cross-party Levelling Up, Housing and Communities (LUHC) Committee in a report published today (Thursday).

MPs call for statutory sick pay reform to address inadequate financial support for workers most in need

28/03/2024 14:30:00

Statutory sick pay (SSP) is failing to provide enough support for those who most need financial help when ill and should be increased and made more widely available, MPs say today.

WIREDGOV