UK DATA PROTECTION UPDATE | A NEW SIMPLIFIED APPROACH?
New government proposals aim to reduce the existing regulatory & compliance related burden for UK based employers and organisations.
Employers and organisations have long complained that whilst well intended, the introduction of the GDPR in 2018 made aspects of data protection compliance overly complex and unnecessarily burdensome.
The government’s new Data Protection and Digital Information Bill contains several interesting proposals aimed at reforming existing UK data protection legislation.
Key proposed changes and developments include:
- Establishing a new framework for the provision of "digital verification services". These would enable a person’s digital identity to be used with the same confidence as their existing paper documents.
- Updating the PECR to cut down on the requirement for website 'user consent' pop-ups and banners.
- Abolishing the Information Commissioner’s Office and transferring its functions to a new 'Information Commission'. In future there would also be a new duty for the UK’s data protection regulator which would require it to have regard to "economic growth and innovation".
- Amend the existing definition of 'personal data' to make it easier for data controllers to identify the type of information that is likely to constitute personal data for the purposes of the UK GDPR and the Data Protection Act 2018.
- Creating a limited list of 'legitimate interests' which would allow businesses to process personal data without first having to apply a balancing test.
- A new requirement for individuals to attempt to resolve any data protection related issues with the relevant controller before raising a data protection complaint with the ICO.
Please contact Nathan Combes if you’d like more information about the issues raised in this update and/or or to find out more about data protection related policies, documents, advice and training that we provide.
Disclaimer: the information set out above does not constitute legal advice and it is provided for general information purposes only. No warranty, whether express or implied is given and neither the author or Legal Studio shall be liable for any technical, editorial, typographical or other errors or omissions within the information provided.
Posted: 02 September 2022