The UK Government has officially unveiled details from its Data Reform Bill.

Confirmed at London Tech Week, the Data Reform Bill could see Britain replace the General Data Protection Regulation (GDPR) with new laws aimed at strengthening existing data protection standards while “reducing burdens on businesses”.

In a statement announcing the bill, Digital Secretary Nadine Dorries said: “Today is an important step in cementing post-Brexit Britain’s position as a science and tech superpower.

“Our new Data Reform Bill will make it easier for businesses and researchers to unlock the power of data to grow the economy and improve society, but retains our global gold standard for data protection.

“Outside of the EU we can ensure people can control their personal data, while preventing businesses, researchers and civil society from being held back by a lack of clarity and cumbersome EU legislation.”

Reducing burdens on business

The Conservative government has repeatedly signalled its intent to overhaul data protection rules in the wake of Brexit.

According to the government, legislation such as GDPR has held businesses back from “using data as dynamically as they could” due to the legislation’s inhibitive “one-size-fits-all” nature.

This has led to an over-reliance on ‘box-ticking’ to avoid non-compliance and potentially hefty fines, the government claims.

Through the Data Reform Bill, the government says it intends to “simplify” data legislation to reduce “unnecessary burdens” and red tape for British businesses.

“This bill will remove the UK GDPR’s prescriptive requirements giving organisations little flexibility about how they manage data risks,” the government said in a statement.

“The same high data protection standards will remain but organisations will have more flexibility to determine how they meet these standards.”

This could mean that some businesses won’t be required to have a data protection officer or undertake impact assessments.

However, organisations will still need to have a privacy management programme to ensure they are accountable for how they process personal data.

Long-term, the government believes this increased regulatory flexibility will deliver significant benefits for British businesses and the broader economy.

Analysis by the Department for Digital, Culture, Media and Sport (DCMS) suggests that the reforms could create more than £1 billion in business savings over ten years.

Creating a science superpower

A key focus of the Data Reform Bill will be to “further cement the UK’s position as a science superpower” by simplifying current legal requirements around research. The aim of this is to ensure that scientists are not “needlessly impeded” from using data for research purposes.

The Data Reform Bill will “more clearly define” the scope of scientific research and provide greater clarity on when scientists can obtain user consent to collect or use data for “broad research purposes”.

This would mean scientists can rely on the consent a person has given for their data to be used for broader ‘cancer research’, as opposed to a particular cancer study.

ICO overhaul on the cards

Under the proposals, the government also plans to reorganise the Information Commissioner’s Office (ICO) by appointing a chair, chief executive and board.

This restructuring will provide the regulator with a “wider set of skills to support robust decision-making and broader the legal responsibility underpinning the ICO’s work”.

The proposals will also overhaul how the ICO develops statutory codes and guidance, such as requiring it to seek approval from the secretary of state before new guidance can be presented to parliament.

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This increased political accountability will bring the regulator in line with other UK bodies such as the Electoral Commission, the government said.

Information Commissioner John Edwards welcomed the proposals, stating: “I am pleased to see the government has taken our concerns about independence on board. The proposed changes will ensure my office can continue to operate as a trusted, fair and impartial regulator, and enable us to be more flexible and target our action in response to the greatest harms.

“We look forward to continuing to work constructively with the government as the proposals are progressed and will continue to monitor how these reforms are expressed in the Bill.”

Reaction to the bill

The Data & Marketing Association (DMA) has welcomed the proposals as a positive step that will support innovation while also maintaining stringent data protection standards.

In a statement, CEO Chris Combemale said: “The DMA strongly supports the government’s proposed reforms, which will establish a better balance between data-driven innovation, economic growth, and privacy protections across the UK.

“A number of issues that the DMA community highlighted in our consultation response have been addressed by the government, which will enable further innovation in customer engagement, especially for charity fundraising.”

Not all reaction to the proposals have been positive, however. Privacy rights campaigners have warned that the proposals could prompt an erosion of data privacy standards that will impact British consumers.

Mariano delli Santi, data protection campaigner at the Open Rights Group, said: “These irresponsible proposals will endanger consumers and make it easy for businesses to spy on you, build machines to judge you and and wait for you to work it out.

“Discrimination against minority groups will be easier, and it will be harder for people to challenge the government or corporations.”

Santi also raised concerns that the bill might also impact relations with the European Union as the UK seeks to establish its own data protection standards.

He added: “They risk leading to a massive and expensive rupture with the EU, making data transfers costly for UK businesses, costing jobs during an economic downturn.”

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