Data Protection

Department for Digital, Culture, Media and Sport written question – answered on 22nd December 2017.

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Photo of Lord Laird Lord Laird Non-affiliated

To ask Her Majesty's Government what will be the status in the UK after Brexit of previous decisions by the Court of Justice of the European Union, such as the Judgement of 6 October 2015 in Maximillian Schrems v Data Protection Commissioner.

Photo of Lord Ashton of Hyde Lord Ashton of Hyde The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport

Clause 6 of the EU (Withdrawal) Bill provides that UK courts must continue to interpret unmodified retained EU law in accordance with retained EU case law and retained EU general principles, so far as they are relevant to that retained EU law. EU case law is retained to the extent it relates to anything falling within clauses 2-4 of the Bill, and is not excluded by clause 5 and Schedule 1.

Clause 6 also provides that the UK Supreme Court and High Court of Justiciary will be able to depart from pre-exit CJEU case law, using the the same tests they do when departing from their own case law.

This is without prejudice to the detail of the implementation period, which will be for negotiations.

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