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A radical “pro-technology” plan advocated by Dominic Cummings to rewrite Britain’s data protection laws is jeopardizing future cooperation with the EU worth billions of dollars for the British economy, Brussels warned.
The government’s recently released national data strategy, which promises a long-sought “transformation” by senior adviser Boris Johnson and former chairman of Vote Leave, has raised concerns at a sensitive time with the continued flow of data between the UK. and the EU member states in question.
The European Commission is currently examining whether UK data laws will be in line with the General Data Protection Regulation (GDPR) and the EU Law Enforcement Directive after January 1, 2021, allowing the movement of vital data for law enforcement agencies but also for the banking, healthcare, entertainment, insurance and technology sectors.
Downing Street hopes that Brussels can make positive “adequacy” decisions before the end of the year, when the transition period ends.
The government estimates that EU exports to the UK of data-enabled services were worth approximately £ 31bn in 2017, while UK exports of data-enabled services to the EU were worth around £ 80bn in 2017 .
But EU sources said the government consultation document released on the same day as the controversial internal market bill had exacerbated existing concerns about the UK’s approach at the end of the transition period.
Amid the uncertainty, British officials on Friday were to explain the intentions behind the government’s stated commitment in its strategy paper to remove “legal barriers (real and perceived)” to the use of data, encourage international exchange and offer a “Radical transformation of how government understands and unlocks the value of its own data.”
EU officials said the two key issues standing in the way of a positive decision are the use of data by UK intelligence services and the potential “forward flow” to countries like the United States.
“While the UK applies EU data protection rules during the transition period, certain aspects of its system may change in the future or be implemented in a way that differs from the EU approach, such as rules on transfers. international, “said an EU official. . “These issues therefore raise issues that need to be addressed.”
The official added that there is particular concern about future rules “governing access to data by UK national security authorities” in light of a recent ruling by the European Court of Justice.
In July, the Luxembourg court made the transfer of personal data to the US from the EU almost legally impossible due to the intrusive nature of surveillance programs carried out by US intelligence agencies. And the lack of redress for EU citizens.
Brussels is expected to seek assurances that the UK will recognize the implications of the ruling on its own handling of the personal information of European citizens.
Legal challenges to an adequacy decision in Brussels would be expected if the British government does not offer fail-safe safeguards, EU sources said.
Ross McKenzie, a partner at the Addleshaw Goddard law firm, said the government was “walking a tightrope” in indicating a desire to make a major change outside of the EU GDPR “gold standard”, while seeking to illustrate which was in line with their regulatory intentions.
He said: “It is a surprise to me that the government has been so bold in the strategy document. The European Commission will be thinking: ‘What the hell do you want to change?’ But the UK cannot be a data economy that outperforms the world unless we have ‘fit’.
Two years ago, Cummings, who championed vast data collection through the Vote Leave campaign during the Brexit referendum campaign, described the EU’s GDPR as “horrible.”
“One of the many benefits of Brexit is that we will soon be able to get rid of such idiotic laws,” Cummings wrote. “We will be able to navigate between the poor privacy protection of the United States and the hostility of the EU towards technology and entrepreneurs.”
“Those comments have not gone unnoticed,” said a diplomatic source.
Without a GDPR adequacy decision, companies will be forced to arrange individual agreements, known as standard contract clauses. Industry experts say the additional costs will be overwhelming for many small and medium-sized businesses.
A government spokesperson said: “We are a world leader, committed to high standards of data protection. Protecting people’s privacy will continue to be a UK priority. The EU adequacy assessment determines whether the UK’s data protection rules are ‘essentially equivalent’ to those of the EU. “
