Experts and civil society organisations warn European Commission of threat to adequacy agreement

• 28 civil society organisations and privacy experts have written to the European Commission to raise concerns that UK data protection reform undermines European citizens’ data protection rights.

• The letter’s signatories warn that proposals in the Data Protection and Digital Information Bill could threaten the UK adequacy decision.

• The proposed law would turn the UK into a “leaky valve”, which could enable sharing of European personal data to third countries without safeguards.

Threat to Data Rights

28 civil society organisations and privacy experts have written to the European Commission to raise concerns about the threat that UK data reform poses to European citizens’ data rights.

The Data Protection and Digital Information (DPDI) Bill, which is expected to be passed into law this autumn, will amend the UK GDPR. Privacy campaigners have long warned the proposals will undermine the data protection rights of people in the UK, and give more power to the state and corporations. But the proposed changes will also impact data protection rights in the EU.

Mariano delli Santi, Legal and Policy Officer for Open Rights Group said:

“The DPDI Bill will rip up hard won privacy protections. This will not only harm UK citizens but also the rights of Europeans living inside and outside of the UK.

“The UK government’s determination to deregulate data protection is putting the adequacy agreement with the EU in jeopardy, which is a risk that the UK economy cannot afford.”

Key concerns with the DPDI Bill

• The adequacy decision granted to the UK in June 2021 allows the free flow of personal data to and from the UK without additional safeguards. This decision, granted by the European Commission, rested on the premise that the UK’s data protection system would continue to follow the same rules as when the UK was an EU Member State. However, the proposals within the DPDI Bill seriously undermine data protection rights, and as such, threaten the adequacy decision.

• The DPDI Bill would give the UK government the power to override data protection principles whenever it sees fit, meaning that European personal data could be accessed by UK public authorities without basic human rights safeguards in place.

• The DPDI Bill would give the UK Government the power to give political directions to the UK data protection watchdog, the Information Commissioner’s Office.

• The DPDI Bill would facilitate the onward sharing of European personal data to third countries without safeguards.

• The DPDI Bill is part of a wave of UK legislation that undermine ECHR standards, which are an essential element of the UK adequacy decision.

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