On 17 July, as part of the King’s Speech, the new UK Labour Government announced its plan to introduce the Digital Information and Smart Data (DISD) Bill. Generally, the DISD Bill is aimed at improving access and sharing of data in general in order to benefit public services and public protection. This comes after the lapse of the Data Protection and Digital Information Bill which could not be completed at the end of the “wash-up” period before the dissolution of Parliament under the previous Conservative government.

In the Labour Party’s manifesto, the party made no specific mention to the data protection landscape in the UK. However, it did state that to “kickstart economic growth” it will “ensure [its] industrial strategy supports the development of the artificial intelligence (AI) sector, removes planning barriers to new datacentres.” The party stated it “will create a National Data Library to bring together existing research programmes and help deliver data-driven public services, whilst maintaining strong safeguards and ensuring all of the public benefit.” The concept of the National Data Library has been backed by a number business groups and MPs with a recent report by Onward (a non-profit thinktank) said a British data library would allow start-ups and scientists to easily access the data needed to build AI models, attracting talent and investment to Britain.

In a nutshell, the DISD Bill aims to:

1. Establish Digital Verification Services – to support the creation and adoption of secure and trusted digital identity products and services from certified providers to help with things like moving house, pre-employment checks, and buying age restricted goods and services.
2. Develop a National Underground Asset Register – a new digital map that revolutionises the way that pipes and cables transferring data are installed, maintained, operated and repaired. This is to give planners and excavators standardised, secure, instant access to the data they need, when they need it, to carry out their work effectively and safely.
3. Set up Smart Data schemes – to securely share customer’s data upon their request, with authorised third-party providers.
4. Make changes to the Digital Economy Act – to help the Government share data about business that use public services. This includes an electronic system for the registration of births and deaths and apply information standards to IT Supplier in the health and social care system.
5. Allow scientists to make better use of personal data – Scientists will be able to ask for broad consent for areas of scientific research and allow legitimate researchers doing scientific research in commercial settings to make equal use of the data regime.
6. Strengthen the ICO’s powers and target reform to some data laws – it will be transformed into a more modern regulatory structure, with a CEO, board and chair with new, stronger powers. This will be accompanied by targeted reforms to some data laws that will maintain high standards of protection but where there is currently a lack of clarity impeding the safe development and deployment of some new technologies. It will also promote standards for digital identities around privacy, security and inclusion. The DPDI Bill aimed to do the same.
7. Establish a Data Preservation Process – to enable coroners (and procurators fiscal in Scotland) to initiate when they decide it is necessary and appropriate to support their investigations into a child’s death. This will help coroners get access to online information they need when investigating a child’s death. For example, seeking copies of personal data from social media companies to investigate a child’s death further in relation to suicide. This complements the Online Safety Act and the fact that data protection rights only apply to living people.

It is clear that a complete reform of the UK’s data protection framework is not yet a priority for the new Labour Government. As such, this DISD Bill may come as a relief to those who were dubious about how the DPDI Bill would impact its current adequacy status from the EU given the importance of free-flowing personal data transfers between the two. However, this new government in power has not ruled out a reform of current UK data protections and its mention of “targeted reform to some data laws” gives the impression that it will explore data protection more widely in due course. Data practitioners will keep a close eye on this given the sunset clause which strictly limits the duration of the adequacy decision deadline to expire four years after its entry into force, i.e. 27 June 2025. After that period, they will only be renewed if the UK continues to ensure an adequate level of data protection.

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Link to King’s Speech 2024 Briefing Notes: https://assets.publishing.service.gov.uk/media/6697f5c10808eaf43b50d18e/The_King_s_Speech_2024_background_briefing_notes.pdf