If you were just getting to the point of tuning out all things GDPR, or thinking it didn’t apply in the UK after Brexit, it’s time to tune back in.
The UK Government is currently gaining feedback on the New Data Protection Bill and plan to have passed new and updated legislation by 5th May 2018.
Why is this important?
The New Data Protection Bill takes the GDPR regulation and builds upon it to make it specific to the UK in areas such as national security, which is outside of the scope of the EU.
Furthermore, in addition to addressing the GDPR exemptions, the UK will be writing the EU Data Protection Law Enforcement Directive (DPLED) provisions for both cross-border and domestic law processing of personal data.
Whilst this is clearly a work-in-progress, the UK government is making strides in aligning legislation which is UK-specific and deemed thoroughly fit for purpose, over and above that which is already defined by the EU.
Is this simply going to be another box to tick?
We don’t think so and one of the key areas is around enforceability. Whereas with the blanket coverage of GDPR, you may have been forgiven for thinking you’re the individual needle in the EU haystack, enforcement of the New Data Protection Bill will likely be more focused and rigorous with early examples made of transgressors large and small.
In short, this is going to have teeth.
Making references to ‘a tough regulator’ the Information Commissioner’s Office (ICO) will gain enhanced authority to impose greater sanctions and has a significant arsenal of weapons, including unlimited fines.
Rules are likely to be expanded to reflect the rapid advances in digital data and will include an offence of unlawfully obtaining data to capture those who retain data against the wishes of their data controller, even if the initial data set was obtained lawfully….
You’re not alone.
The one thing we know for sure is that far from going away, Data Protection legislation is moving with the times and becoming extremely specific as to how we are actually using and storing information in the UK. This fact alone which, when combined with new and increased enforcement and the prospect of uncapped fines, means this is something to take notice of and act upon.
As specialists in Data Protection across many industries, Celerity is ideally placed to advise you on protecting you and your business now and for all forthcoming legislative challenges.
For a download of the New Data Protection Bill, click here.