Lords to question Matt Hancock on Brexit and the EU data protection package
The House of Lords EU Home Affairs Sub-Committee will hold a one-off evidence session on Wednesday 20 December when it will revisit its inquiry 'Brexit: the EU data protection package' and look at the next phase of the negotiations. The Committee will question Matt Hancock MP, Minister of State for Digital, Department for Digital, Culture, Media and Sport.
The inquiry examined the implications for data transfers between the UK and the EU post-Brexit and the options available for securing uninterrupted data flows across four elements of EU data protection: the GDPR, the Police and Criminal Justice Directive (PCJ) the EU-US Privacy Shield and the EU-US Umbrella Agreement.
The report was published in July 2017. The Committee highlighted the lack of detail in Government plans to deliver uninterrupted flows of data and warned that any arrangement that results in greater friction could present a non-tariff trade barrier that would put the UK at a competitive disadvantage and hinder police and security cooperation.
As the Government prepares to enter phase two of the Brexit negotiations, the Committee will examine how data transfers will fit into the next phase of the negotiations.
The evidence session will begin at 10:30am on Wednesday 20 December in Committee Room 3 of the House of Lords. Questions the Minister is likely to be asked include
- Will there be separate discussions around data transfers for commercial purposes and for police and security cooperation?
- Are there any areas in which the UK will be able to diverge from EU data protection laws without jeopardising its prospects of obtaining and retaining an adequacy decision? For example, are there any plans to make changes in future to the right to be forgotten?
- Will EU officials come to the UK to conduct reviews of UK data protection standards, similar to the type of review recently conducted in the US as part of the EU-US Privacy Shield, post-Brexit in the event that the UK successfully obtains an adequacy decision?
- What steps has the Government taken so far to ensure that data flows will be able to continue with the US once the UK leaves the EU, and without jeopardising any potential adequacy decision? What about data transfers between the UK and other third countries?
- How will references in the GDPR to the Charter on Fundamental Rights be dealt with after the UK leaves the EU?
