1) The UK Government published their plans to water down GDPR. It is bad, incredibly bad. My first reaction on @OpenRightsGroup blog, but if you scratch under the surface it gets even worse. You won't believe how bad it is.
Thread below
2) First things first, Government purports the new framework as intended to ‘maintain high data protection standards’. Except that, in their consultation they NEVER, EVER touch upon or seek views on how to strengthen protection for individuals.
3) Moving to funnier stuff, the UK new framework manages to scrap data protection in its entirety with one, single blow. It introduces a legal ground to ‘improve services for customers’
4) If you work in data protection, you know that ‘we process your data to improve our services’ is a practical joke, i.e. the single, most abused buzzword the industry uses when they're doing something bad. This will be made legal under UK Government plans.
5) The new framework also wants to introduce fees to exercise data subject access requests. I will spell it you: you will have to pay money to exercise your data rights and access personal data held by *all data controllers*.
6) The UK Government also wants to dictate ICO priorities, and have the power to amend the Information Commissioner's salary without Parliamentary scrutiny. In other words, they want to put the ICO under Government direction.
7) Govt will control the ICO directly, by setting their agenda, and indirectly, by retaining the ability to retaliate against Commissioners who do not please Government, and award Commissioners that do what Government want. We remind you that the ICO is supposed to be a watchdog
8) Also, Government would allow solely automated decision making based on legitimate interest. Organisations will be able to take life-changing decisions about you in a black box, insofar it fits the new legal grounds (such as reporting criminal acts, or improving services)
9) Elizabeth Denham G7 proposal for binding privacy signals lasted very little. This would be too inconvenient for surveillance advertising crooks, and unnecessary: they now have a handy legal ground for processing data and ‘improve customers experience’ (see n. 3,4).
10) Of course, this also means that adtech companies won't need to ask you whether you want to be tracked or not. They don't need it anymore. After displaying bad faith for years, the adtech industry is getting their free-of-jail card.
11) There are other funny stuff, such as the removal of accountability requirements. Organisations will be free to shred the evidence that they did something wrong. In its stead, they will have to organise privacy trainings.
12) Further, data breaches will need be notified only when the risk to individuals is material. No seriously, I don't even feel like commenting on this one.
13) Just to make sure you can't hold a Controller accountable anymore, you will have to demonstrate that you tried to negotiate a solution with the offender before reporting it to the ICO. The ICO was in dire need of another ground to arbitrarily dismiss complaints (sarcasm).
14) Of course, organisations will have to demonstrate they have complaint procedures in place, but we also saw that they have limited need to keep records anyway (see n. 11). What could possibly go wrong?
15) To conclude, Government proposed deregulation of the GDPR confirms an old saying: no good story ever started with someone saying ‘we will cut red tape’.
2) First things first, you will hear “Secretary of State” often. In the UK “Data Protection Bill”, the Secretary of State rules by decrees like an absolute monarch. There is very little that the Secretary cannot derogate, amend or bend with secondary legislation…
3) …Starting from lawfulness and purpose limitation. Data processing is always considered lawful and compatible with the original purpose personal data was collected, if the Secretary of State included such processing in Annex 1 and Annex 2 (this is their name in the bill)
We at @OpenRightsGroup made an analysis on what to expect today. Thread below
2) This Govt want the UK digital sector to be as dirty and dishonest as them, and they wrote a law for no one but the law-breakers. Everyone else will have less rights, less choices, and less access to recourse if something goes wrong. openrightsgroup.org/publications/d…
3) On top of that, mass data sharing to law enforcement agencies will cement the UK digital police state. The UK Govt will authorise any data seizure or use on their whims and with secondary legislation, undermining lawfulness and purpose limitation.
2) This is what you get when you carry out rigged consultation processes, as the DCMS were taking care of ignoring the critical voices with arbitrary cherry-picking and a smokescreen of wishful thinking. What could possibly go wrong? techmonitor.ai/policy/privacy…
3.1) New UK data laws will remove the balancing test for data uses based on (a list of) legitimate interests. That is to say, an interest will be considered legitimate even if it’s harmful. The Govt will have the power to amend this list of as soon as we are looking the other way