RiskUKSeptember2017

Editorial Comment
More zones, more devices:
Safety devices
Increased security
Building automation
Perimeter protection
Monitoring
Shared Approach
The Government’s Department for Exiting the European Union
(EU) has set out its bold plans for arrangements that could
ensure personal data would continue to move back and forth
between the UK and the EU in the future in a safe and properly
regulated manner. In the latest of a series of papers examining
the UK’s future partnership with the EU post-Brexit, the
Government has considered the case for a “unique” approach
that could allow data to continue to be exchanged in order to
ensure ongoing competitiveness, innovation and job creation.
The document outlines in detail how the UK is considering an
ambitious model for the protection and exchange of personal
data with the EU that reflects the unprecedented alignment
between British and European law and recognises the high data
protection standards that will be in place at the point of exit.
This would allow the UK to work more closely with the EU,
providing continuity and certainty for the business community,
allowing public authorities – including law enforcement
authorities – to continue their close co-operation, protecting
people’s data and privacy and providing for ongoing regulatory
co-operation between UK and EU data protection authorities.
These proposals are said to “provide a stable base” for the
Government to deliver on its commitment to turn Britain into the
“best and safest place” to be online.
Matthew Hancock, the Minister for Digital, explained: “In the
modern world, data flows increasingly underpin trade, business
and all relationships. We want the secure flow of data to be
unhindered in the future as we leave the EU. A strong future data
relationship between the UK and the EU, based on aligned data
protection rules, is in our mutual interest. The UK is leading the
way on modern data protection laws and we’ve worked closely
with our EU partners to develop world-leading data protection
standards. This new position paper sets out how we think our
data relationship should continue. Our goal is to combine strong
privacy rules with a relationship that allows flexibility in order to
give consumers and businesses certainty in their use of data.”
Stewart Room (PwC’s global data protection legal services
leader) responded: “The Government’s position paper makes it
crystal clear that data protection is now a priority issue for the
UK and its economy and in the ongoing fight against serious
crime and terrorism. Successful delivery of the General Data
Protection Regulation (GDPR) will be a critical part of the UK’s
success after Brexit. With this in mind, the paper sends a clear
message to all data controllers and data processors in the UK
that they must embrace the requirements of the GDPR.”
As the position paper has pointed out, it’s vital that the UK’s
data regulator, namely the Information Commissioner’s Office
(ICO), maintains an influential role post-Brexit. To this end, the
ICO will require proper levels of investment if it’s going to be
able to fulfil its vital resource-sharing requirements.
One area that the position paper doesn’t tackle is the concern
in parts of the EU that the UK’s domestic surveillance laws are
challenging to EU data protection principles. The possibility of
partial adequacy decisions could help overcome such concerns.
Brian Sims BA (Hons) Hon FSyI
Editor
www.texe.com
Sales: +44 (0)1706 220460
December 2012
5
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