Brexit: UK seeks data transfer pact with EU

EU member states must adhere to data protection regulations set out by the European Commission

The UK will seek "new arrangements" with the EU in order to allow for the continued free flow of personal data, according to a government paper.

It argues the UK starts from "unprecedented" alignment with EU law, but acknowledges collaboration will be needed to protect British interests. Many UK businesses and law enforcement agencies rely on EU data.

As well as businesses and universities, law enforcement professionals rely on data shared from the EU to investigate crimes

One legal expert said the paper was a "step forward" but overlooked some key points. The paper puts forward the UK government's position that a UK-EU model for exchanging and protecting data will be essential to maintain a "deep and special partnership" - a phrase used four times in the document.

Regarding how to achieve this, the government suggests that the Information Commissioner be "fully involved" in future EU regulatory discussions.


It also raises the possibility of the UK and EU mutually recognising each other's data protection rules as the basis for allowing the free flow of data to continue.

And there should be an agreed timeline for implementing more long-term arrangements to reassure businesses, the government adds.

"It will help businesses who need to be able to plan their future - they need a sense of what the law will be," said Dr Karen Mc Cullagh, a legal expert at the University of East Anglia.

However, the UK's approach to surveillance might give EU negotiators cause for concern when considering business-as-usual, she added.

"[The paper overlooks] some important facts - the most important one being the Investigatory Powers Act which is likely to present a hurdle."

On the idea that the Information Commissioner should still have access to EU regulatory dialogue, Dr Mc Cullagh said: "There will be a concern that [UK lawmakers] will lose the ability to influence if they're not at the table, if they can't shape future laws."

Earlier this month, the government said that it would implement the EU's overarching General Data Protection Regulation (GDPR) within British law.

These regulations allow for bigger fines on firms that flout the rules - and it will also be easier for consumers to control information about them online and in databases controlled by companies.

"We want the secure flow of data to be unhindered in the future as we leave the EU," said Matt Hancock, Minister for Digital, on the publication of the paper.

"So a strong future data relationship between the UK and EU, based on aligned data protection rules, is in our mutual interest."