Keeling calling: Data Protection & Digital Information Bill
On 18 July 2022, the Government introduced the Data Protection & Digital Information Bill (Bill 143 2022-23).
The Bill will not consolidate the patchwork of legislation that governs data processing within the UK, in particular the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations (PECR), but will instead amend and add to those provisions, which must be read together.
Unfortunately, it would appear that there are some formatting issues within the Bill, and consequently the numbering of some of the provisions - particularly amendments to the UK GDPR - have gone awry. The Bill also appears to have been produced in a compartmentalised way, with amendments over-writing other amendments or purporting to amend provisions that have been omitted elsewhere in the Bill. Finally, certain provisions, such as those changing or removing certain terms, appear not to have been replicated throughout the Bill. We therefore anticipate that a further draft will be issued in due course.
The Government has not (as yet) produced a Keeling Schedule, demonstrating the effect that the provisions of the Data Protection & Digital Information Bill would have on the original legislation. In order to support our clients and the wider data protection compliance community, as well as politicians who will next consider the Bill at its Second Reading on 05 September 2022, we have sought to produce track change versions of the Data Protection Act 2018 and PECR demonstrating the amendments that would be introduced by the Bill as well as a comparison between the GDPR, the UK GDPR and the UK GDPR with the prospective amendments contained within the Bill as introduced.
Copies of these documents may be accessed here or via our Data Protection Reform page in our Resources section.