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Data Protection and Digital Information (No. 2) Bill - Sitting 1

10 May 2023

Proposing MP
Kettering
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the scheduling of meetings for the Public Bill Committee's consideration of the Data Protection and Digital Information (No. 2) Bill and sets out plans for oral evidence sessions. The statement discusses the implications and clarity provided by the Data Protection and Digital Information (No. 2) Bill on data processing activities, particularly regarding legitimate interests and inferred data. MP Philip Hollobone leads a session with witnesses discussing the Data Protection and Digital Information (No. 2) Bill, focusing on smart data regime implementation and potential amendments. Philip Hollobone is managing the proceedings of the committee discussion on the Data Protection and Digital Information (No. 2) Bill. Philip Hollobone is managing the questioning process in the Public Bill Committee for the Data Protection and Digital Information (No. 2) Bill. The statement discusses potential improvements and modernizations of the General Data Protection Regulation (GDPR) to address current technological challenges, particularly focusing on artificial intelligence. MP Philip Hollobone chairs a session with witnesses from techUK and the Data and Marketing Association to discuss the Data Protection and Digital Information (No. 2) Bill. The statement discusses the provisions in the Data Protection and Digital Information (No. 2) Bill regarding cookie consent and centralised cookie management systems. The statement addresses concerns about the interpretation and implementation of GDPR, particularly regarding legitimate interest in data processing for marketing purposes. Philip Hollobone introduces the next panel of witnesses and sets the agenda for the session. The statement addresses concerns about public trust in data usage and the adequacy of the Data Protection and Digital Information (No. 2) Bill in enhancing this trust. MP Philip Hollobone acknowledges another member's eagerness to speak during a discussion on data protection and digital information, particularly focusing on biometric data regulations. Philip Hollobone addresses concerns about automated decision-making in the workplace and its impact on individuals and organizations. Philip Hollobone is concluding the morning session of the Public Bill Committee on Data Protection and Digital Information, thanking witnesses for their contributions.

Action Requested

Mr Hollobone informs the committee about the schedule for upcoming meetings, including dates, times, and witnesses to be heard. He also announces that copies of written evidence will be made available in the Committee Room and circulated by email.

Key Facts

  • The Public Bill Committee is scheduled to meet on multiple dates from May 10 to June 13.
  • Witnesses include John Edwards (Information Commissioner) and Paul Arnold (deputy chief executive and chief operating officer of the Information Commissioner’s Office).
  • Written evidence will be made available in the Committee Room and circulated by email.
  • The Bill changes the structure and powers of the Information Commissioner’s Office (ICO).
  • The obligation to investigate every complaint consumes significant resources.
  • Additional statutory objectives under the Bill will aid accountability.
  • New Zealand is recognised as having data adequacy by the European Union despite lacking many GDPR features.
  • Vivienne Artz is chair of the International Regulatory Strategy Group data committee with over 25 years' experience.
  • A smart data regime would allow broader access to data for innovation, particularly in open banking and finance contexts.
  • There are concerns about whether businesses can actually access non-sensitive information for public good.
  • Philip Hollobone is managing the committee proceedings.
  • Bojana Bellamy introduces herself as the leader of the Centre for Information Policy Leadership based in London, Brussels, and Washington.
  • Vivienne Artz discusses the benefits of general adequacy agreements over individual data transfer mechanisms.
  • The Public Bill Committee is discussing the Data Protection and Digital Information (No. 2) Bill.
  • Eduardo Ustaran from Hogan Lovells is a partner who leads a team of over 100 lawyers specializing in data protection law globally.
  • GDPR framework exists both in the EU and the UK.
  • GDPR is about five years old.
  • Technological developments have occurred since GDPR was implemented.
  • Neil Ross is the Associate Director for Policy at techUK representing 950 companies.
  • Chris Combemale has over 40 years of experience in marketing and advertising.
  • The Bill aims to provide increased clarity on data usage with examples from recitals such as recital 157.
  • There were about 3,000 responses to the consultation focused on scientific research and legitimate interest provisions.
  • Chris Combemale represents the Data and Marketing Association.
  • The Bill includes provisions exempting certain types of companies from needing cookie banners if they use cookies purely for operational purposes without sharing data with third parties.
  • Centralising cookie management could give large tech companies more market control, potentially harming media owners and publishers who rely on advertising revenue.
  • GDPR contains six bases of data processing, including legitimate interest and consent.
  • The Data and Marketing Association represents companies in direct marketing.
  • Recital 47 of GDPR recognises the balance between privacy rights and other fundamental rights such as conducting business.
  • There is concern about ambiguity around terms like 'low risk' within the Bill.
  • The witnesses are Dr Jeni Tennison, founder and executive director of Connected by Data.
  • Anna Thomas is co-founder and director at the Institute for the Future of Work.
  • Michael Birtwistle is associate director of AI law and regulation at the Ada Lovelace Institute.
  • Only 30% of the public trust the Government to use data ethically.
  • The Bill reduces the threshold for refusing subject access requests as “vexatious or excessive.”
  • Subject access requests are important for citizens to understand what is happening with their data.
  • Ada Lovelace Institute published reports last year discussing the use of biometric data and arguing for a stronger regulatory framework.
  • There are concerns about future-proofing regulations to address emerging AI technologies that rely on biometrics.
  • The Information Commissioner’s Office's capability needs to be increased, including creating a public register of entities processing biometric data.
  • The Bill's article 22B covers high-level protection around automated decision making.
  • Dr Tennison argues for notification of automated decision-making affecting individuals, groups, and collective interests.
  • Canada introduced an automated decision-making directive extending to work last week.
  • Philip Hollobone is concluding the morning session.
  • The Committee will meet again at 2 o'clock in the Boothroyd Room.
  • A total of 23 witnesses are scheduled to give evidence over two sessions.
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