The Data (Use and Access) Bill: What’s changed and what remains from the DPDI Bill

25 Oct 2024 01:04 PM

The Data Use and Access Bill, introduced on 23 October, is a welcome effort from the new Government to unlock the power of data and marks an important step in modernising the UK’s data protection framework. Building on its predecessor – the Data Protection and Digital Information (DPDI) Bill – this new legislation retains many core provisions while introducing some important changes.

You can see our summary of the old DPDI Bill here.

Notably, many of the key elements, previously supported by techUK members, remain. For example, the DUA Bill will enable Smart Data schemes and digital ID (with a few adjustments). It also preserves changes to scientific research provisions and introduces the concept of "recognised legitimate interests" which will simplify compliance for businesses in certain scenarios, and support research and development. Changes to automated decision-making, and international data transfer rules also remain largely intact, along with NHS health and social care provisions. The Bill also establishes a national registry for underground infrastructure, such as power lines, water pipes, and utility cables.

However, there are some notable changes to its predecessor legislation that will be of importance to techUK members, including:

Key DPDI Bill provisions that have been retained (potentially with some changes)

Smart Data

The DUA Bill retains the provisions that will enable Smart Data Schemes in key sectors such as finance, transport, energy, and home buying, improving data interoperability and driving innovation. These provisions remain largely in line to the government’s previous plans, with two changes of note:

Digital ID

Research provisions

Legitimate interest list

Automated Decision Making

International data transfers

Health and social care information standards

Key changes between the DPDI Bill and the DUA Bill

Researcher access to specific data related to online safety concerns

ICO powers

Duty to notify the Commissioner of unlawful direct marketing

Accountability framework

Subject Access Requests (SARs)

In response to the Bill’s publication, techUK said:

Data underpins every part of our economy and society, offering significant opportunities both for economic growth and public service reform through improved access and use of data.

This Bill marks the start of a welcome effort from the new Government to unlock the power of data, through initiatives on digital ID, Smart Data, digitising key public registers and assets, and reforming the data protection laws.

These legislative changes strike the right balance between maintaining the UK’s existing high data protection standards and driving forward essential reform. However, they must be coupled with the cultural and organisational mindset shift required to seize the full potential advantages of new data-driven technologies.

techUK looks forward to continuing to work with the Government as it commits to this reform agenda with the potential to provide significant benefits for economic growth and public services.

- Neil Ross, Associate Director for Policy, techUK