IN DEPTH
Will reforms take the DP out of GDPR?
Rob Mackinlay looks at changes to data protection as the Government proposes a new risk management approach.
THE Government has published a consultation (
https://bit.ly/3F5uSYG) on reforms to data protection laws designed “to break down barriers to innovative and responsible uses of data so it can boost growth”. It aims to change the UK GDPR regime from a “box-ticking” exercise to a risk-man- agement one, and aims to do so without threatening the data security of individuals. There is an implied acknowledgment of the tension between these positions. In his foreword to the consultation (the then) Culture Secretary Oliver Dowden said: “The protection of people’s personal data must be at the heart of our new regime. Without public trust, we risk missing out on the benefits a society powered by responsi- ble data use has to offer. And far from being a barrier to innovation or trade, we know that regulatory certainty and high data protection standards allow businesses and consumers to thrive.”
However, the consultation includes pro- posals to:
l remove data protection officers; l remove data protection impact assessments; l loosen data breach reporting thresholds;
l remove prior consultation of the Infor- mation Commissioner’s Office (ICO) for high-risk data processing work;
l remove record keeping;
l remove the right not to be subject to a decision resulting from ‘solely automated’ processing;
l remove some restrictions on further processing and re-use of data.
While the government sees these as barriers, many in the information profes-
16 INFORMATION PROFESSIONAL
Rob Mackinlay (@cilip_reporter2,
rob.mackinlay@
cilip.org.uk) is Senior Reporter, Information Professional.
sion view them as necessary protections and have questioned the proposal to lower standards. Nick Poole, CILIP CEO, said: “CILIP believes that data has the potential to be a powerful force for social and eco- nomic development, but only if managed by ethical information professionals with a clear focus on people’s rights and safety. We believe that what are presented as ‘barriers’ in the DCMS ICO consultation are in fact currently necessary protections against the potential abuse of personal data and infringement of personal privacy. These pro- tections remain necessary, particularly to avoid further harm to people from margin- alised or under-represented communities who are often worst-affected by algorithmic bias.
“Context is important, and this consulta- tion is clearly a response to the economic and political emphasis on trade following the UK’s departure from the EU. We believe that this is the wrong starting point – we ought instead to aspire to establish the UK as a world leader in the development of a benign data society that works for the best interests of its citizens, and within
October-November 2021
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