cover image: The Data Protection and Digital Information Bill: A threat to fair markets Fan d open public services

20.500.12592/hmgqtrb

The Data Protection and Digital Information Bill: A threat to fair markets Fan d open public services

15 Mar 2024

• As well as threatening the UK’s ‘data adequacy’ determination from the EU (which allows data to freely flow between the UK and EU), it undermines crucial rights: • It will be easier for organisations to ignore requests and take longer to resolve disputes, creating an incentive to refuse the exercise of data subject rights. [...] 4 THE DPDI BILL: A THREAT TO FAIR MARKETS AND OPEN PUBLIC SERVICES THE UK GDPR EMPOWERS AND PROTECTS INDIVIDUALS Data rights It is a common misconception that the UK General Data Protection Regulation (GDPR) primarily relates to the placement of ‘cookie banners’ on websitesi. [...] These include: • The right to access copies of the information an organisation holds about you; • The right to object to certain types of processing, such as information used to market products or services to you; • The right to have your personal data erased when it is no longer relevant or has been processed unlawfully. [...] 6 THE DPDI BILL: A THREAT TO FAIR MARKETS AND OPEN PUBLIC SERVICES Data rights to be limited New test for refusing data subjects’ requests Clause 9 of the Bill will allow controllers to refuse the exercise of data subject rights – including the right to access or to object to processing – where the request is interpreted to be ‘vexatious or excessive’. [...] Lower standard of search in response to requests for access to data A recent amendment to the Bill further weakens the right of access, considerably limiting the search that organisations should carry out in response to a request for access to data.

Authors

Linus Pardoe

Pages
10
Published in
United Kingdom