LS Legal News Bulletin
Simplify Data Processing: Key Changes Proposed by the Data Protection Bill
Thursday 31st August 2023
📜 The Data Protection and Digital Information (No. 2) Bill, introduced to Parliament on March 8, 2023, aims to reform data protection law in the UK. Currently, data protection laws determine how personal data can be used and aim to protect individuals' privacy. The key legislation in the UK includes the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR), known as GDPR.
🔄 The Bill proposes several changes to data protection law. One notable change is the simplification of relying on "legitimate interest" as a lawful basis for data processing. The requirement to carry out a balancing test between the organisation's interests and the data subjects' rights will be removed for recognised legitimate interests such as national security and emergencies.
🌍 Regarding international transfers of personal data, the Bill introduces the "data protection test" to determine the required safeguards. This risk-based decision-making approach assesses whether the recipient country's data protection level is not materially lower than that in the UK.
🍪 The Bill also includes exemptions to the requirement for cookie consent. Websites will be able to rely on exemptions if users are provided with a simple means of objecting. Necessary security updates and statistical collection for website/service improvements may be included in the list of exemptions.
✅ Compliance with the new laws will be necessary for businesses once they come into force. Organisations compliant with the existing GDPR regime will unlikely face significant changes. Some paperwork may need updating, but overall, the new laws should provide adequate protection for data subjects while improving efficiency and cost-effectiveness.
💼 If you have questions about your organisation's data protection compliance, contact our legal team to comprehensively assess your business data protection needs.
