Glasgow: 0141 221 5562 Edinburgh: 0131 220 7660

New Data Protection Bill Published

New Data Protection Bill Published

The UK General Election in summer 2024 saw the end of the previous Government’s proposed changes to data protection law. With few (if any) parties including data protection reform on their election manifestos it wasn’t clear if changes to UK data protection law would be pursued.

This all changed on 17 July 2024 where the King’s Speech indicated the new Labour Government would look to introduce a new “Digital Information and Smart Data Bill” which, in part, was intended to change aspects of data protection law in the UK – however details on changes weren’t produced leaving us in suspense.

Proposed changes to data protection law have been made clearer with the publication of the “Data (Use and Access) Bill” in October 2024. The Bill represents a piece of legislation the Government wishes to pass which make various changes to the rules around how personal data can be used.

The Bill proposes a range of new measures intended to “harness the power of data for economic growth, support a modern digital government, and improve people’s lives”. The Bill proposes various changes to data protection law, including:

  • Seeking to clarify how personal data can be used for research purposes  
  • Declaring that performing certain activities will be ‘legitimate interests’ for the purposes of establishing if a lawful basis for processing applies
  • Reform of the Information Commissioner’s Office
  • New rules for dealing with requests made under the GDPR such as: adjusting timescales and clarifying that searches for personal data must be ‘reasonable and proportionate’
  • Introducing a route through which individuals can complain to data controllers about how that controller is using their personal data and requiring controllers to respond to complaints
  • Changing the rules concerning automated decision making and personal data – potentially allowing a wider use of automated decision making so long as safeguards are in place

The changes envisaged by the Bill are not as wide-ranging as proposed by the previous government however until the Bill finishes it progress through Parliament, it isn’t possible to say what the final impact of the Bill might be.

We will continue to update clients on the progress of the Bill.

If you or your business have any questions relating to data protection please contact our team.

Authors

Eileen Barr