Data (Use and Access) Bill [HL]
Official Summary
A bill to make provision about access to customer data and business data; to make provision about services consisting of the use of information to ascertain and verify facts about individuals; to make provision about the recording and sharing, and keeping of registers, of information relating to apparatus in streets; to make provision about the keeping and maintenance of registers of births and deaths; to make provision for the regulation of the processing of information relating to identified or identifiable living individuals; to make provision about privacy and electronic communications; to establish the Information Commission; to make provision about information standards for health and social care; to make provision about the grant of smart meter communication licences; to make provision about the disclosure of information to improve public service delivery; to make provision about the retention of information by providers of internet services in connection with investigations into child deaths; to make provision about providing information for purposes related to the carrying out of independent research into online safety matters; to make provision about the retention of biometric data; to make provision about services for the provision of electronic signatures, electronic seals and other trust services; and for connected purposes.
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Overview
The Data (Use and Access) Bill aims to improve access to data for customers and businesses, regulate digital verification services, create national underground asset registers, modernize birth and death registration, update data protection and privacy laws, and establish the Information Commission.
Description
This wide-ranging bill covers several key areas:
Part 1: Access to Customer and Business Data
Grants the Secretary of State and Treasury powers to regulate access to customer and business data held by traders. This includes provisions for data holders to provide data to customers and authorized third parties upon request, along with stipulations about data collection, retention, and potential rectification of inaccuracies. The bill also addresses the establishment of interface bodies to manage data access systems, and outlines enforcement mechanisms including financial penalties.
Part 2: Digital Verification Services
Establishes a framework for reliable digital verification services, including a trust framework, supplementary codes of conduct, a register of providers, and a trust mark. It aims to regulate how businesses verify an individual's identity online.
Part 3: National Underground Asset Register
Creates a national register of underground assets in England, Wales, and Northern Ireland to improve safety and efficiency of street works.
Part 4: Registers of Births and Deaths
Modernizes the format and maintenance of birth and death registers, enabling electronic record-keeping.
Part 5: Data Protection and Privacy
Amends the UK GDPR and the Data Protection Act 2018 to clarify data protection principles, expand data subject rights, regulate automated decision-making, and improve the Information Commissioner's role. The bill also addresses the processing of special categories of personal data, including safeguards for research purposes and national security exemptions.
Part 6: The Information Commission
Establishes the Information Commission to replace the Information Commissioner, transferring all relevant functions and assets.
Part 7: Other Provisions
Includes provisions for information standards in health and social care, smart meter communication licences, data disclosure for public service improvements, retention of internet service provider data in child death investigations, information for online safety research, biometric data retention, and trust services.
Government Spending
The bill doesn't specify exact figures for government spending, but it will likely lead to increased costs associated with establishing and maintaining the new Information Commission, national underground asset registers, and other regulatory functions. Additionally, financial assistance may be provided to certain entities to aid compliance with new regulations. Conversely, fees and levies imposed on businesses could generate revenue for the government.
Groups Affected
- Businesses (Traders, Data Holders, Processors): New obligations regarding data access, digital verification, fees, and levies.
- Customers: Increased access to their own data and improved data protection.
- Public Authorities: New responsibilities regarding data sharing, asset registration, and data protection.
- Individuals: Enhanced data protection and privacy rights, particularly concerning automated decision-making.
- Researchers: Potentially easier access to data for research purposes, subject to safeguards.
- The Financial Services Sector: Specific regulations concerning data interfaces and compliance.
- Smart Meter Providers: Changes to licensing procedures.
- Online Service Providers: New requirements regarding data retention in child death investigations.
- Web Crawler and AI Model Operators: New requirements for compliance with UK copyright law and data transparency.
- Health and Social Care Providers: New information standards.
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