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Government publishes Data Protection Bill statement of intent

The government has published a statement of intent on the planned Data Protection Bill.

The Bill will provide for the repeal of the Data Protection Act 1998 (DPA) and incorporate the EU General Data Protection Regulation (“GDPR”) into UK law. This will provide for continuity of data protection standards in the UK following Brexit and the Bill's publication is planned after 5 September 2017.

The Bill will reflect the GDPR, which enhances existing data protection law. The statement of intent sets out specific UK law plans. These include making serious data protection criminal offences recordable and creating two new criminal offences. The Bill will also require parent or guardian consent to information society services where a child is under 13 years old.

Comment

Although the Bill has been presented as a brand new law, it appears that it will reflect the GDPR and maintain existing DPA regime provisions where possible. It will also provide for a smooth transition for both GDPR and Brexit. We will monitor events and report back more detail after the Bill has been published.

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