The UK Parliament recently introduced the Data (Use and Access) Bill in the House of Lords, a comprehensive legislative effort aimed at regulating the sharing and access to personal and business data. Spearheaded by the Department for Science, Innovation and Technology, the bill seeks to modernize and enforce standards surrounding the handling of sensitive data in a range of sectors, including customer and business information, biometric data, and the growing sphere of digital verification services.
The Data (Use and Access) Bill includes various provisions, focusing on both customer and business data, privacy regulations, and the integration of biometric data management. It also introduces stricter oversight of the electronic communication sector and proposes establishing the Information Commission, which will play a key role in enforcing these new regulations.
A significant portion of the bill is dedicated to ensuring the safe handling of customer and business data. Under the proposed legislation, traders and businesses are mandated to give customers more control over their data, including the right to access their own data or authorize third parties to handle it. This means businesses will need to ensure that customer data, such as purchase history or service use, can be accessed securely at the customer’s request.
Additionally, businesses will be required to maintain transparency when it comes to the collection, retention, and sharing of data. The bill empowers the Secretary of State and the Treasury to issue regulations that compel data holders to provide customer data or make corrections when necessary. The aim is to foster greater trust in how companies manage personal information while promoting innovation within the data economy.
The retention and use of biometric data is a crucial element of the Data (Use and Access) Bill. Building on existing frameworks like the Counter-Terrorism Act 2008, the bill introduces more robust provisions for the retention of biometric data in law enforcement and civil registries. This includes guidelines on the collection, storage, and usage of pseudonymized biometric data—information stripped of identifiers that could be used to trace it back to an individual unless required by law.
These provisions address concerns about privacy and data security while still allowing authorities to retain vital biometric data for security purposes. Under the new rules, biometric data must be handled securely and anonymized where possible, but it may be retained for up to three years in cases where pseudonymization is undone and the individual is involved in an investigation.
The bill also outlines the establishment of a new Information Commission, a body responsible for enforcing data protection regulations. It will replace the role previously held by the Information Commissioner, streamlining oversight and accountability. The Commission will have the authority to issue penalties for non-compliance and investigate breaches of the law.
It also aims to work with public authorities, businesses, and other stakeholders to ensure that the UK’s data protection regime remains effective. The creation of the Information Commission marks a pivotal change, signaling the UK’s commitment to stringent data protection standards in line with international best practices.
One of the bill’s lesser-discussed but equally important aspects is its provision for smart meter communication licenses and the handling of data for public services. This includes amendments to the Energy Act 2008, enabling the Gas and Electricity Markets Authority to regulate the issuance of smart meter communication licenses. These changes are expected to improve the transparency and functionality of the energy sector, ensuring that data associated with smart meters is handled securely and efficiently.
Additionally, the bill makes provisions for sharing information between public authorities to enhance public service delivery. By facilitating the safe transfer and management of data across various governmental bodies, the government hopes to improve efficiency in public services without compromising individual privacy.
Before the bill becomes reality, it will have to go through several readings in the House of Lords before heading to the House of Commons and reaching the final stages.
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