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The House of Lords has the First Reading of the New Data Protection Bill

This reading of the Data Protection Bill (DPB) in the House of Lords formally signals the start of the DPB’s passage through the Lords. The Bill will replace the Data Protection Act 1998 (DPA).

The intention of the DPB is to provide a comprehensive legal framework for data protection in the UK which will be supplemented by the General Data Protection Regulation (GDPR). This interim arrangement is until the UK formally leaves the EU. After the UK has finalised the process of Brexit and left the EU the GDPR will then be incorporated into UK domestic law under the European Union (Withdrawal) Bill, which is currently being contested in Parliament.

Strong data protection laws are essential in a digital age in which an ever increasing amount of data is being processed. With this in mind, the Department for Digital, Culture, Media & Sport has announced that the DPB will aim to:

  • Give individuals more control over the use of their personal data which will include new rights to transfer or erase data;
  • Preserve existing exemptions which worked well in the DPA. These include exemptions for journalists, research organisations, financial services firms in relation to money laundering and processing of sensitive and criminal conviction data without consent to allow employers to fulfil employment law obligations;
  • Provide a clear structure to fulfil the needs of the UK’s criminal justice agencies and national security organisations; and
  • Defend consumer interests by issuing higher fines to Companies in the most serious cases of data breaches of up to £18 million or 4% of global turnover. 

This bulletin is for general guidance purposes only and should not be used for any other purpose.

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