Overview

The Data Protection and Digital Information Bill aims to reform the UK's data protection laws, making them simpler and more business-friendly while maintaining a high level of data protection. It also introduces a new framework for digital verification services and regulations concerning access to customer and business data.

Description

Data Protection Reform:

The Bill revises the definition of personal data, clarifying when information relates to an identifiable living individual. It introduces a “recognised legitimate interests” framework for lawful data processing, allowing for more flexibility in certain situations. The purpose limitation principle is refined, allowing for more compatible further processing of data under certain conditions. The bill also addresses vexatious data subject requests, allowing controllers to charge fees or refuse excessive requests. Time limits for responding to data subject requests are clarified, with provisions for extensions under specific circumstances. Information disclosure requirements to data subjects are adjusted to accommodate scientific research and historical research.

Digital Verification Services:

A new framework is established for digital verification services, aiming to ensure reliability through a trust framework, a register of providers, an information gateway facilitating data sharing with registered providers, and a trust mark for registered providers. Strict rules govern data handling, preventing unlawful use or disclosures.

Customer and Business Data Access:

The Bill empowers the government to regulate access to customer and business data, potentially requiring data holders to provide this information to customers or authorized third parties under defined circumstances. This includes provisions for data handling procedures, dispute resolution, and enforcement mechanisms. The legislation considers the impact on businesses (especially small and micro-businesses) and markets.

Other Digital Information Provisions:

The Bill amends the Privacy and Electronic Communications Regulations (PECR), clarifying rules on storing information on user devices and regulating direct marketing. It also modifies rules around trust services, including recognition of overseas trust services. The bill includes measures to improve information sharing to support public service delivery and law enforcement. The bill makes provisions for digital registers of births and deaths in England and Wales.

Government Spending

The Bill's impact on government spending is not explicitly detailed in the provided text. It likely involves costs associated with establishing and maintaining the new digital verification service framework, the Information Commission, and implementing new regulatory functions. Further analysis of the financial provisions (section 117) would be needed to quantify the impact.

Groups Affected

The Bill affects various groups:

• Businesses: Changes to data protection rules will impact how businesses collect, process, and share data, potentially increasing compliance costs or allowing for greater flexibility, depending on the specific area.
• Individuals: While aiming to maintain a high level of protection, changes to data subject rights and requests may impact individuals' ability to access or control their data.
• Data controllers and processors: New obligations are introduced regarding data processing, senior responsible individuals, and record-keeping, potentially increasing their administrative burden.
• Public authorities: The Bill affects how public authorities process data, including data sharing for law enforcement and public service delivery.
• Researchers: Clarification of consent and processing for research purposes.
• Digital verification service providers: New regulatory framework and compliance requirements.
• Information Commissioner's Office (ICO): The Bill abolishes the ICO and replaces it with the Information Commission.

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