UK Introduces Data Protection and Digital Information (No. 2) Bill

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to
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On
March
8,
2023,
the
UK
Secretary
of
State
for
Science,
Innovation
and
Technology,
Michelle
Donelan,
introduced
the

UK Introduces Data Protection and Digital Information (No. 2) Bill


Listen
to
this
post

On
March
8,
2023,
the
UK
Secretary
of
State
for
Science,
Innovation
and
Technology,
Michelle
Donelan,
introduced
the

Data
Protection
and
Digital
Information
(No.
2)
Bill

to
UK
Parliament.
The
first
version
of
the
reform
bill
was
originally
proposed
by
the
UK
government
in
July
2022,
but
was
put
on
pause
during
September
2022. 

According
to
UK
government
in
its

press
release
,
the
Bill
will
“introduce
a
simple,
clear
and
business-friendly
framework
that
will
not
be
difficult
or
costly
to
implement

taking
the
best
elements
of
GDPR
and
providing
businesses
with
more
flexibility
about
how
they
comply
with
the
new
data
laws”.
It
further
notes
that
the
Bill
will
“ensure…[the]
new
regime
maintains
data
adequacy
with
the
EU”,
a
point
which
has
been
questioned
since
it
was
originally
announced
that
the
UK
would
reform
its
data
protection
laws.

Initial
key
takeaways
from
the
Bill
are:

  • A
    list
    of
    activities
    which
    could
    be
    considered
    a
    legitimate
    interest
    of
    a
    controller
    has
    been
    introduced.
    The
    list
    is
    non-exhaustive
    and
    includes
    direct
    marketing,
    intra-group
    transmission
    of
    personal
    data
    and
    ensuring
    the
    security
    of
    network
    and
    information
    systems.
  • Records
    of
    processing
    are
    only
    required
    for
    organizations
    that
    carry
    out
    processing
    activities
    likely
    to
    result
    in
    “high
    risk
    to
    the
    rights
    and
    freedoms
    of
    data
    subjects.”
  • Fines
    for
    nuisance
    calls
    and
    texts
    are
    increased
    to
    up
    to
    either
    4%
    of
    global
    turnover
    or
    17.5
    million
    GBP,
    whichever
    is
    greater.
  • A
    framework
    for
    the
    use
    of
    digital
    verification
    services
    has
    been
    included.
  • Transfer
    mechanisms
    lawfully
    entered
    into
    before
    the
    Bill
    take
    effect
    will
    continue
    to
    be
    valid
    under
    the
    new
    regime.

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