Jurisdiction(s):
United Kingdom

EU data adequacy for the UK: European Parliament committee challenges retention, immigration exemption and SIS; Schrems II and international agreements under review, with challenges and reliance on alternative transfer mechanisms.

Published on: 05 February 2021

Published by an LexisNexis Information Law expert

Legal News

Article summary

The objections centre on well-known long-standing concerns over data retention, access for law enforcement, and immigration policy; moreover, lawmakers went further, drawing attention to serious earlier issues with the UK’s use of the Schengen Information System (SIS) database and to both potentially conflicting commitments under other international agreements. Under EU data protection rules, sending personal data to countries beyond the EEA is strictly lawful only where protection is judged ‘adequate’, where extra safeguards are adopted, or where one of a small set of derogations applies. At present, ongoing data flows between the EU and the UK run under an interim framework embedded in the broader EU–UK Trade and Cooperation Agreement of December 2020, which will lapse by June 2021 at the latest. The Commission must determine whether the UK, which officially departed the 27‑nation EU last year, affords ‘essentially equivalent’ protection for EU citizens’ data transferred to the UK. The UK has unilaterally asserted that the EU regime meets its own requirements.

Opinion

The EU parliamentarians said the UK should, in particular, be compelled to amend its data retention rules and also eliminate the ‘general and broad’ immigration exemption in the UK’s Data Protection Act 2018 ‘ahead of a valid...

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