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GDPR update

As 31 January 2020 passed and Britain left the EU, the ICO issued brief guidance to remind businesses and organisations that process data that GDPR still continues to apply until the end of the transition period.

The government, meanwhile, has indicated that the UK proposes to diverge from the current EU data protection rules as part of the Brexit negotiations. In a departure from previous Prime Minister Theresa May’s assurances that the UK would ensure that GDPR continued enshrined in UK law, via a written statement to the Commons, Prime Minister Boris Johnson now says that the UK will “develop separate and independent policies” in a range of fields, including data protection, adding that the government would seek to maintain high standards in so doing. Additionally, he is quoted as telling reporters, “we will restore full sovereign controls over our borders, immigration, competition, subsidy rules, procurement, data protection.”

The EU, in turn, has released a recommendation for opening trade negotiations with the UK, highlighting previous commitments that both parties had made to maintain consistency in data protection standards.

“In view of the importance of data flows, the envisaged partnership should affirm the Parties’ commitment to ensuring a high level of personal data protection, and fully respect the Union’s personal data protection rules.”

In other GDPR news, it is likely that the Government itself will face claims for compensation following the New Year Honour’s data leak, in which the personal data including work and home addresses of 1097 people receiving New Year’s Honours were published online. It is also possible that the ICO may choose to impose fines.

Posted on 02/05/2020 by Ortolan

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