Why the next Government needs to align with the EU on data - Lord Kirkhope

Under Boris Johnson the government has been seeking to diverge with the European Union on data protection regulations and, as non-EU member, we legally can do this.

However, simply because we can diverge does not mean that we should diverge; the benefits are negligible at best.

Therefore, the likely result would be the UK no longer being recognised as a ‘trusted partner’ in the field of data security and the end of a free flow of data between both jurisdictions.

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As one of the MEPs who drafted the general data protection regulation, I believe this matters for three reasons: for our national security, our economy and for consumer protections.

The government has been seeking to diverge with the European Union on data protection regulations.The government has been seeking to diverge with the European Union on data protection regulations.
The government has been seeking to diverge with the European Union on data protection regulations.

Instead of diverging for the sake of it, the UK government should act in the national interest by adopting a policy of dynamic alignment with European data protection regulation as it evolves over the coming years. This does not mean simply taking and blindly implementing new rules but actively engaging with the European Union as a partner.

The incoming Prime Minister, either Rishi Sunak or Liz Truss, should rethink our approach to data security and the planned legislation to deregulate.

It should be incumbent on the next Secretary of State for Digital, Culture, Media and Sport to seize this opportunity and change trajectory.

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The European Commission has adopted ‘data adequacy’ decisions for the United Kingdom, which recognised comparable high standards of data protection and allows data exchanges to continue unimpeded.

Lord Kirkhope is a former MEP for Yorkshire and Humber and Leader of the Conservatives in the European Parliament.Lord Kirkhope is a former MEP for Yorkshire and Humber and Leader of the Conservatives in the European Parliament.
Lord Kirkhope is a former MEP for Yorkshire and Humber and Leader of the Conservatives in the European Parliament.

This should have been the beginning of a new chapter of UK-EU relations on data protection standards. However, the government’s white paper which outlined its intention to follow a policy of ‘regulatory divergence’ does not give me much hope that the level of cooperation in the future will be sufficient to protect our data flows.

Rather than developing £11bn in growth through deregulation, as suggested by the government, the potential loss of data flows will cost business far more.

Imports and exports of goods and services heavily depend on the free flow of personal data. EU personal data-enabled services exports to the UK were worth approximately £42bn in 2018, and exports from the UK to the EU were worth £85bn.

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It is important that UK businesses and consumers have clarity and can trade as freely as possible with our European neighbours.

The European Union is the largest export partner for Yorkshire and the Humber. The Office of National Statistics estimates 42 per cent of service exports from our region are destined for the EU.

Most UK service exports from the financial and insurance industry. Not only do these sectors depend heavily on the transfer of data, but they also contribute nearly half of Yorkshire and the Humber’s exports.

Data exchanges are not only important in relation to commercial matters. They are absolutely vital from a national security perspective. The Visa Information System, Prüm, the European Criminal Records Information System and the Second Generation Schengen Information System are essential tools used on a daily basis by our law enforcement agencies and have proved essential in tackling crime and bringing criminals to justice.

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Without equivalence on data, we risk losing access to these vital databases. It is worth noting that in 2019 UK police checked the Schengen Information System no fewer than 603 million times.

The UK and European data protection regulations are widely regarded as having the highest personal data protection standards in the world. Should the government seek to lower its regulatory data standards, such consumer rights may be put at risk with increased amounts of our personal data being put into the hands of corporations without our consent.

The next Prime Minister, and the government that they form, should have the common sense and courage to break with that past trajectory and act on evidence, not ideology.

Equivalence on data policy is not only a pragmatic solution to an issue that will continue to mount as the world becomes ever more digitally inter-connected but also a sizeable opportunity to take advantage of both parties’ shared interests and goals.

Lord Kirkhope is a former MEP for Yorkshire and Humber and Leader of the Conservatives in the European Parliament.