Data Protection

Department for Digital, Culture, Media and Sport written question – answered on 19th July 2019.

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Photo of Lord Freyberg Lord Freyberg Crossbench

To ask Her Majesty's Government which third countries have been recognised by the EU as providing adequate data protection.

Photo of Lord Freyberg Lord Freyberg Crossbench

To ask Her Majesty's Government which (1) businesses, (2) territories of, or (3) specified sectors within, third countries have been recognised by the EU as providing adequate data protection.

Photo of Lord Freyberg Lord Freyberg Crossbench

To ask Her Majesty's Government what factors they will take into account when making data adequacy decisions after Brexit.

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

The European Commission has so far made a full finding of adequacy in respect of: Andorra, Argentina, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay. The Commission has made partial findings of adequacy in respect of Japan, Canada and the USA. You can find more information about these decisions on the Information Commissioner’s website.

When the UK leaves the EU the power to make adequacy decisions will be repatriated to the Secretary of State. In February 2019 Parliament passed a Statutory Instrument (SI) setting out the criteria and process. The SI recognises and effectively rolls over all existing adequacy decisions that have been made by the EU as well as recognising EU states themselves as adequate. The SI also replicates the EU adequacy regime in UK law with a number of technical changes to make it work properly. The factors that the Secretary of State would need to take into account in reaching an adequacy decision include the rule of law, respect for human rights, and other relevant legislation in the third country being assessed.

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