General Data Protection Regulation

Lord Stevenson of Balmacara Excerpts

Tuesday 5th June 2018 Lords Chamber

[Lord Ashton of Hyde]

Of course, we have to comply with the GDPR while we are members of the EU. We want to continue to have a data protection regime that is in accord with the EU’s when we leave. I believe that all new legislation is reviewed after a period of time, so we will obviously keep an eye on whether there is a disproportionate effect on small organisations. Charities are obviously important but, for the reasons I set out before, individual data subjects’ rights are important so there has to be a balance.

[Lord Stevenson of Balmacara (Lab)]

My Lords, the recent document submitted by the Government to the EU as part of their negotiating structure talks about data protection and its importance for our economy. These are indeed important issues. It says, however, that the way forward is not just by an adequacy agreement, which is what I thought we were all expecting, but by a treaty. Can the Minister shed some light on that issue?

[Lord Ashton of Hyde]

As in, I believe, many negotiations with the EU, what we want is frictionless trade. In terms of data it is very important that there is no gap between leaving the EU, when we become a third country, and still being able to exchange personal data between the EU 27 countries and this country. We would like to get an agreement so that we have not only adequacy, which can be achieved only after we leave the EU, but an arrangement that allows us to continue exchanging data with members of the EU. That would have to be done by a treaty.