The Data Protection and Digital Information Bill (DPDI)
An Overview of the DPDI
We are looking at the new data protection regulation that started its journey through the House of Commons yesterday, 17th April, 2023. Initially laid before parliament on 18th July 2022, the Data Protection and Digital Information Bill (the DPDI) comes swiftly after the Government published its response to the Data: a new direction consultation.
The DPDI is tricky to read. Rather than replacing existing UK data protection legislation, it amends the existing UK GDPR, which is the the UK’s retained version of the EU General Data Protection Regulation. It also amends the Data Protection Act 2018 (DPA 2018). This means that readers need to cross refer between three sets of text which includes the DPDI. There are Explanatory Notes and Impact Assessment documents for this.
Changes
When analysing the proposed regulation, we were asked by the team in the office whether this was a close relation to the GDPR or something entirely different. The answer is, both! Of course, there are changes that many feel might be a step too far, whereas others don’t think they go far enough.
Many see this as the great opportunity to cast off the EU shackles now Brexit is done and dusted. Some felt that the GDPR had a number of tick box elements to it and this was the opportunity to rid the UK of those. However, this may not be the case. On closer inspection, some have just been renamed whilst others have seen a slight dilution.
We have always advocated alignment with the GDPR as it makes sense to work seamlessly with our largest trading partner. The UK must retain its adequacy with the EU. Therefore, the lack of radical change is most welcome. However, the changes in relation to data transfers are of concern, particularly for the future of the UK’s adequacy decision.
The Right Balance?
Does the DPDI strike the right balance? Will it please some, few, or none at all? We are of course only at the beginning of its journey through Parliament so there is a long way to go before this bill seems any chance of become law.
We will keep you updated, so stay in touch.