adequacy, Brexit, British Government, Data Protection, Data transfers

The UK’s Data Dilemma

dmcs

In a speech delivered last week, John Whittingdale MP, the United Kingdom’s Minister of State for Media and Data, told a conference of Privacy Laws & Business that he welcomed:

 … the European Commission’s February publication of draft data adequacy decisions for the UK, which rightly reflect our high data protection standards and paves the way for their formal approval.

The draft decisions will now be shared with the European Data Protection Board for a non-binding opinion and the European Parliament before being presented to Member States for formal approval. I urge the EU to fulfil its commitment in the agreed declaration and complete the process promptly.

Whittingdale’s comments came at the end of a speech in which he talked about the UK’s plans to use data to drive economic development. He also talked about the UK’s plans to expand the list of countries to which the UK will grant a “data adequacy” decision, which means that personal data can be seamlessly transferred to such countries from the UK.

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Boris Johnson, Brexit, British Government, Brussels, Data Protection, Negotiating

#Brexit and the story of Paddy’s Two Rules

pint and ham

It was back in 1972. I had joined the Workers Union of Ireland, now part of SIPTU, as a trainee official. Full of naïve, student radicalism. Impatient to change the world.

I was assigned to learn my trade with an old-time official named Paddy.

Paddy was had risen through the union ranks from a shop-floor worker, to shop-steward, to full-time official. He was no intellectual, but he was full of what we would nowadays call “street-smarts”. An old-fashioned, working class union official whose heroes were Larkin, Connolly, and Bevan. Marx and Lenin didn’t come into it.

At the time, Paddy was in discussions about the renewal of a two-year agreement with a major food company. I was the junior bag carrier.

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Boris Johnson, Brexit, British Government, Customs Union, Data Protection, Data transfers, Michel Barnier, Negotiating, Single Market, Trade Deals

A “No-Deal” Brexit looms ever closer

cropped-barnier-and-frost2.jpg

 

On January 1, 2021, whether there is a deal between the UK and the EU on future trading relations or not, significant new barriers to doing business between the UK and the EU will come into existence. There is no possible agreement between the UK and the EU that can eliminate these new barriers and borders because of the UK’s decision to leave the EU’s single market and customs unions.

At best, an agreement will provide for tariff free and quota free trade in goods between the two. But such an agreement would not eliminate the need for paperwork and customs checks, to certify such things as “rules of origin” – where the goods in question, and the components in them, were actually made. Indeed, it has been estimated that UK business will need to recruit at least 50,000 customs agents just to handle the additional paperwork involved in the export of goods.

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Brexit, Data Protection, Data transfers, GDPR

The Schrems II decision and Brexit

 

CJEU 2

The Schrems II judgement of the Court of Justice of the European Union (CJEU) makes the transfer of personal data to the US from the EU close to legally impossible. The Court has struck down Privacy Shield as incapable of providing sufficient protection for the personal data of EU citizens transferred to the US and has severely constrained the use of Standard Contractual Clauses (SCCs) as an alternative way of doing so.

The Court’s judgement is rooted in the belief that there is a significant disconnect between the EU’s emphasis on data privacy as a fundamental right, and the US’s stress on the national security imperative for its intelligence agencies to be able to access data transferred to the US. (See here for a useful summary of the background to the case).

The bottom line takeaway from the CJEU’s decision is that, no matter what procedure is used, it is illegal to transfer the personal data of EU citizens to third countries if that data cannot be protected to the standards that the EU demands when it arrives in that country.

The CJEU, in line with the Charter of Fundamental Rights and the wording of the GDPR, has prioritised data privacy over economic considerations. Whether an appropriate balance has been struck is for European politicians to decide.

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Backstop, Brexit, British Government, Customs Union, Data Protection, Single Market

No matter what, years of Brexit uncertainty beckons

This blogpost was written on Sunday Oct 20th, 2019

boris

Whatever happens in the days and weeks immediately ahead, one thing can be said for certain: the UK faces years, if not decades, of uncertainty as it struggles to negotiate, and then constantly renegotiate, the nature and substance of its relationship with the European Union.

Despite what Brexiteers like to claim, the UK cannot deny the pull of history and geography.

The “history” is, in the first place, that European economies have been slowly integrating over the past fifty-plus years and that integration is not going to stop, or go into reverse, anytime soon. The “history” is, in the second place, that Northern Ireland is not a “normal” part of the UK and because of its unique relationship with Ireland, the country with which it shares the island of Ireland, it will always need to be treated differently from the rest of Great Britain.

The “geography” is that the European Union is, and will remain, the UK’s single biggest market for both goods and services for many years to come. Which means, given that the EU will be some six times bigger than the UK, that if the UK wants to trade with the EU it will be largely on EU terms. But this undermines a great deal of the rationale for Brexit, that it allows the UK to “take back control” of its own laws enabling it to diverge from EU standards.

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Backstop, Brexit, British Government, Conservative Party, Data Protection, Negotiating

There’s no #EP2019 #Brexit domino effect. UK is on its own

This Blogpost was written on Tuesday May 28th, 2019

Election night at the European Parliament in Brussels

Tuesday, May 28, 2019. Two days after the European Parliament elections and the political landscape becomes a little clearer.

There has been no “right-wing/populist” surge of the sort that many commentators were predicting some months back. True, the hold on the parliament that has been exercised by the centre-right EPP and centre-left S&D, working together, has been broken. That’s no bad thing. But it has been broken by the very pro-EU Liberals and Greens and not by the extreme right of France’s le Pen and Italy’s Salvini.

Even in the UK, “hard-core” remain parties such as the Liberal Democrats and Greens polled 40% against 35% for the Brexit Party and the now defunct UKIP. With the Tories and Labour on a combined 23%, the numbers suggest that there is now a narrow majority in the UK in favour of remaining in the EU.

Inside the European Parliament it is the parties based on civilised and democratic values, who between them hold around 70% of the seats, that will determine the future of the EU and have a critical say in deciding who will be the next president of the European Commission and other top jobs in Brussels.

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