LEGAL, REGULATORY & COMPLIANCE CONSULTANTS

Handley Gill Limited

Our expert consultants at Handley Gill share their knowledge and advice on emerging data protection, privacy, content regulation, reputation management, cyber security, and information access issues in our blog.

Here’s one I prepared earlier

The new Labour government’s Data (Use & Access) Bill borrows heavily from the previous Conservative government’s Data Protection & Digital Information Bill, although it is not a carbon copy. The Bill would make substantive reforms to data protection law, in particular by reducing burdens on controllers in relation to establishing the legitimate interests lawful basis, processing personal data for further purposes, conducting restricted transfers of personal data, the scope of searches in response to data subject rights requests, reducing restrictions on automated decision-making and enhancing the status of codes of conduct. Consequently, the protections afforded to data subjects would be reduced. In addition, the Bill would reform the regulator and further strengthen its (rarely used) enforcement powers. Nevertheless, some of the most potentially significant changes are yet to be revealed as the Bill would grant the Secretary of State sweeping Henry VIII powers to amend the framework by way of secondary legislation, thus potentially resulting in further piecemeal reform in the future.
— Handley Gill Limited

After the previous government’s Data Protection and Digital Information Bill fell during the wash-up, and the new Labour government’s indication in the background notes to the King’s Speech 2024 that it would introduce a Digital Information & Smart Data Bill as a priority, the the Data (Use and Access) Bill (HL Bill 40) was introduced in the House of Lords on 23 October 2024.

As the House of Lords’ Data (Use & Access) Bill’s Grand Committee commences its scrutiny of the Bill today (03 December 2024), Handley Gill is publishing its briefing on the Data (Use & Access) Bill (as introduced), focusing on its impact on data protection and online safety legislation, detailing the implications of the Bill for:

  • data controllers;

  • data subjects;

  • public authorities;

  • competent authorities processing for law enforcement purposes;

  • intelligence services;

  • scientific and historical research, statistical analysis; archiving in the public interest;

  • processing for the special purposes of journalism, art or literature;

  • the education sector;

  • political parties and elected representatives;

  • healthcare sector;

  • artificial intelligence (AI);

  • direct marketing, cookies and websites;

  • providers of electronic communications services;

  • data transfers;

  • the data protection regulator;

  • data protection regulation and enforcement;

  • the European Commission’s adequacy decision in respect of the UK;

  • online safety;

  • data protection litigation, courts and tribunals;

  • the powers of the Secretary of State.

Download our free briefing which offers a comprehensive analysis of the impact of the Data (Use & Access) Bill here or via our Data Protection Reform page in our Resources section.

We have previously published our unofficial Keeling schedules showing a track change mark up of the amendments made by the Data (Use and Access) Bill to the UK GDPR, Data Protection Act 2018 and Privacy and Electronic Communications Regulations 2003, which may be downloaded here.

Keep up to date with developments as the Data (Use and Access) Bill progresses through Parliament on our Data Protection Reform page in our Resources section.

Should you require support understanding how new legislation and regulation will affect you or your organisation, please contact us.

Find out more about our data protection and data privacy services.