A new bill, the Data (Use and Access) Bill has been introduced into the House of Lords, which has been developed from the previous Data Protection and Digital Information Bill which fell before the UK General Election in July 2024.
The aims of the bill include supporting a digital government and harnessing the power of data for economic growth, as well as:
- Improving public services
It is thought that the bill will ease the burden on businesses and the public sector by making it easier to comply with data protection legislation.
The legislation will ensure that healthcare information for example, can easily be accessed across all NHS trusts, GP surgeries and ambulance services. It will mean all of these providers will need to implement systems that meet a common standard to enable data sharing. Whilst this may take a while to introduce, it is estimated that this measure will free up to 140,000 hours in NHS staff time every year.
- Growing the economy
It is expected that the Bill will generate approximately £10 billion in 10 years by legislating data.
By allowing data to be shared more freely, it is hoped that this will support open banking, the growth of new smart data schemes and models which allow consumers and businesses to safely share information with regulated and authorised third parties.
- Making people’s lives easier
It is hoped that the bill will also make people’s lives easier by simplifying everyday tasks through reducing administrative burden. The Bill will include legislation on digital verification services which will receive a ‘trust mark’ to show that the services are approved and are inclusive, secure and privacy-preserving, so that individuals know which services they can trust.
The new key proposals within the bill include:
- A relaxation of the rules on automated decision-making for personal data, but not for special category data.
- Creating a data protection test for transfers of personal data outside of the UK.
- A new lawful basis for processing personal data; “recognised legitimate interest”.
- Drawing the enforcement regime in PECR in line with the UK GDPR; including the maximum fines.
- Reform of the constitution of the Information Commissioner’s Office.
The ICO has published their response to the new bill, and have said that overall, the bill is “a positive and balanced package of reforms, but as with any legislation there are some points that would benefit from additional clarity.”
The second reading of the bill will take place on 19 November 2024, so presumably this will result in further clarification over what will be included in the bill and the changes that can be expected to follow.