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Lords warn of need to renew data adequacy with EU

28/10/24
Lord Ricketts
Lord Ricketts
Image source: Roger Harris, CC BY 3.0

A parliamentary committee has alerted the Government of the need to find a new data adequacy agreement with the European Union when the current arrangement expires next year.

The House of Lords European Affairs Committee has sent an open letter to the secretary of state for science, innovation and technology saying that a failure to do so would have negative effects in areas including healthcare and law enforcement.

This follows its seven-month inquiry into the issue.

Adequacy status recognises sufficient alignment between EU and UK data regulations to enable data sharing between organisations. It was granted to the UK in June 2021 but this runs out on 27 June 2025, at which point it has to decide whether to extend the status or let it expire.

The committee’s warnings include that losing adequacy status would impose significant extra costs and administrative burdens on businesses and public sector organisations which share data between the UK and the EU.

Problems for NHS

This would include NHS organisations that share data with EU countries regarding their citizens’ treatment in the health service and that of UK nationals overseas.

It would also impact law enforcement agencies in their fight against money laundering and cyber crime, and in regard to cross-border family law cases.

Losing data adequacy would also raise new barriers to international trade and to trust in the UK’s digital economy, the committee said.

The committee has urged the Government to engage early with the Commission and other EU stakeholders to get the renewal process for data adequacy “on a positive track”.

It added that the Government should also explore the prospects for securing future adequacy renewal decisions from the Commission which do not expire after a fixed period. It should engage with the EU in good time to explain and provide reassurances on any planned data protection reforms.

Cliff edge

Chair of the committee Lord Ricketts said: “The UK faces a potential cliff edge in June 2025 unless agreement is reached with the EU on the continued free flow of data. The safe and effective exchange of data underpins our trade and economic links with the EU and cooperation between our law enforcement bodies.

“The loss of data adequacy would create new barriers and run completely counter to the Government’s ambitions to grow the economy and reset relations with the EU.

“We recommend that reaching timely agreement on data adequacy should be integral to the reset, and the Government’s top data protection priority.”

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