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1302121
registered interest false more like this
date less than 2021-03-12more like thismore than 2021-03-12
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, what processes the Government has in place to (a) monitor the level of protections afforded to UK citizens’ data by Japan and (b) respond to evidence of lower protections in that country than are accepted in the UK. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 167837 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-19more like thismore than 2021-03-19
answer text <p>The UK has preserved the effect of the EU’s adequacy assessment of Japan’s data protection regime on a transitional basis, recognising that Japan offers adequate protection levels for UK citizens’ personal data. This allows personal data to flow freely between the UK and Japan on the basis of strong data protection guarantees.</p><p>UK legislation commits the Secretary of State to periodically review decisions taken in respect of the adequacy of other countries, to assess whether they continue to provide an adequate level of personal data protection. Should the Secretary of State consider Japan to no longer provide an adequate level of personal data protection, the Secretary of State could revoke or amend the adequacy decision.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-19T15:43:07.68Zmore like thismore than 2021-03-19T15:43:07.68Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1302122
registered interest false more like this
date less than 2021-03-12more like thismore than 2021-03-12
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Asia Pacific Economic Cooperation: Data Protection more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the potential (a) merits and (b) disadvantages of recognising the APEC-CBPR as equivalent to the UK’s data protection laws. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 167838 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-19more like thismore than 2021-03-19
answer text <p>The Asia-Pacific Economic Cooperation Cross-Border Privacy Rules system (APEC CBPR) facilitates personal data flows among nine APEC members. As the UK is not an APEC member it cannot join the CBPR system, but we acknowledge the potential benefits this system provides as a baseline for data protection in the region.</p><p>UK GDPR provides for a range of personal data international transfer mechanisms including standard contractual clauses, binding corporate rules, codes of conduct and certification. The Department for Digital, Culture, Media and Sport is considering the operation of international frameworks, including the APEC CBPR system. This includes an assessment of similarities and differences between these models and the framework set out in UK GDPR and will inform any future assessment on the merits and disadvantages of pursuing interoperability with the CBPR system.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-19T15:42:21.467Zmore like thismore than 2021-03-19T15:42:21.467Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300774
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, whether UK citizens’ data is afforded the same degree of protection in Japan under the UK-Japan Comprehensive Economic Partnership Agreement as EU data is under the Japan-EU Free Trade Agreement. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165471 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>The EU-Japan agreement does not include data provisions. There is simply a review clause in the free flow of data article that commits the parties to assess the need for the inclusion of provisions on the free flow of data in the agreement within 3 years.</p><p><strong> </strong></p><p>UK citizens’ data protection rights are not impacted by the agreement with Japan and UK data protection standards will not change as a result of the agreement. The UK data protection regime - enshrined in the Data Protection Act 2018 and UK GDPR - will continue to apply.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-17T13:27:54.68Zmore like thismore than 2021-03-17T13:27:54.68Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300777
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, with reference to the UK-Japan Comprehensive Economic Partnership Agreement, (a) whether UK citizens’ data has the same protections from onward transfer as EU data and (b) how UK citizens data protection will be enforced. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165472 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>UK citizens will enjoy the same protections for their personal data as they did before the agreement. Nothing in the UK-Japan Comprehensive Partnership Agreement (CEPA) changes the current position in relation to onward transfers of UK personal data from Japan. Transfers of personal data from the UK to Japan are governed by the preserved effect of the EU’s adequacy decision for Japan. This recognises that the Japanese data regime has appropriate protections in place when personal data is transferred from Japan to other countries, including enforcement mechanisms.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-17T13:33:56.657Zmore like thismore than 2021-03-17T13:33:56.657Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300778
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, if UK citizens’ data could be transferred under the UK-Japan Comprehensive Economic Partnership Agreement from Japan to third countries with lower levels of data protection. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165473 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>Transfers of personal data from the UK to third countries are regulated under the UK GDPR and the Data Protection Act 2018, not free trade agreements.</p><p><strong> </strong></p><p>The UK-Japan CEPA does not change the current position in relation to onward transfers of UK personal data from Japan. Transfers of personal data from the UK to Japan are governed by the preserved effect of the EU’s adequacy decision for Japan. This recognises that the Japanese data regime provides appropriate protections when personal data is transferred from Japan to third countries.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-17T13:32:23.747Zmore like thismore than 2021-03-17T13:32:23.747Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300779
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, what plans he has to trigger UK-Japan Comprehensive Economic Partnership Agreement public policy exemptions if UK citizens’ data was to be transferred to third countries with lower levels of protection under the agreement. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165474 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>The UK is preserving the effect of the EU's adequacy decision for Japan on a transitional basis because robust protections are in place for the international transfer of personal data. The UK-Japan Comprehensive Economic Partnership Agreement (CEPA) does not change this position in relation to onward transfers of UK personal data from Japan.</p><p><strong> </strong></p><p>The CEPA article on cross-border flows (8.84.2) states that exceptions to the flow of data can be made to achieve “legitimate public policy objectives”. This means that if justified, either party could take action to restrict data flows.</p><p><strong> </strong></p><p>CEPA addresses data flows between the UK and Japan and not onward transfers to other jurisdictions.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-17T13:31:07.293Zmore like thismore than 2021-03-17T13:31:07.293Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300782
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the compatibility of a potential ban on arbitrary or unjustifiable restrictions on data flows within the UK-Japan Comprehensive Economic Partnership Agreement and the UK’s GDPR regime. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165475 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>We are confident the UK GDPR is compliant with the terms of the legitimate public policy exception in the cross-border flows article (8.84) of the UK-Japan CEPA. The UK GDPR requirements are not arbitrary nor unjustifiably discriminatory, and ensure a high standard of protection for personal data transferred outside the UK.</p><p> </p> more like this
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-17T13:29:30.553Zmore like thismore than 2021-03-17T13:29:30.553Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300784
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Data Protection: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, whether UK citizens enjoy individual rights to reasonable explanation and reasonable inferences on how their data is used under the exemptions of the UK-Japan Comprehensive Economic Partnership Agreement. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165476 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>The UK-Japan Comprehensive Economic Partnership Agreement (CEPA) obliges both parties to adopt or maintain a legal framework that provides for the protection of the personal information of the users of electronic commerce, which includes publishing information on protections as well as ways that individuals can pursue remedies and businesses can comply with legal requirements.</p><p><strong> </strong></p><p>CEPA does not change existing protection for UK citizens’ personal data, as set out in the UK GDPR and the Data Protection Act 2018, including the right to be informed about the collection and use of their personal data</p><p><strong> </strong></p><p>The most relevant exemption for data protection - in the cross-border transfer of information article (Article 8.84) in the CEPA - allows the UK to adopt measures restricting data flows to achieve a legitimate public policy objective, such as personal data protection, provided the conditions attached to the use of the exemption are satisfied.</p><p><strong> </strong></p>
answering member constituency Maldon more like this
answering member printed Mr John Whittingdale more like this
question first answered
less than 2021-03-17T11:00:41.643Zmore like thismore than 2021-03-17T11:00:41.643Z
answering member
39
label Biography information for Sir John Whittingdale more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300786
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Technology: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the effect of the source code, software and algorithm provisions of the UK-Japan Comprehensive Economic Partnership Agreement on the Government’s right to regulate new technologies. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165477 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-17more like thismore than 2021-03-17
answer text <p>The UK-Japan Comprehensive Economic Partnership includes a provision that ensures UK businesses will not be forced to share their software’s source code, or algorithms expressed in that source code, as a condition of entering the Japanese market. This provides protection for UK company trade secrets and allows companies to retain any competitive advantage that their source code provides.</p><p /> <p>The agreement does not prohibit all regulatory intervention in respect of new technologies and is designed with future-proofing in mind. The permissible interventions include setting standards, supplier selection, reviewing coding procedures, inspecting underlying data-sets, and prose explanations as to how an algorithm reached a decision.</p><p /> <p>In designing the exceptions to the source code provision, the UK and Japan have taken a technology and regulator neutral approach. We are convinced that this approach is best to ensure the provision and the exceptions meet both the current and future needs of UK regulators.</p><p> </p><p> </p>
answering member constituency Boston and Skegness more like this
answering member printed Matt Warman more like this
question first answered
less than 2021-03-17T13:26:54.143Zmore like thismore than 2021-03-17T13:26:54.143Z
answering member
4361
label Biography information for Matt Warman more like this
tabling member
1536
label Biography information for Emily Thornberry more like this
1300787
registered interest false more like this
date less than 2021-03-09more like thismore than 2021-03-09
answering body
Department for Digital, Culture, Media and Sport more like this
answering dept id 10 more like this
answering dept short name Digital, Culture, Media and Sport more like this
answering dept sort name Digital, Culture, Media and Sport more like this
hansard heading Internet: Japan more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the potential effect of the UK’s commitments under the UK-Japan Comprehensive Economic Partnership Agreement on enacting future online harms legislation. more like this
tabling member constituency Islington South and Finsbury more like this
tabling member printed
Emily Thornberry more like this
uin 165478 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2021-03-16more like thismore than 2021-03-16
answer text <p>This Government is committed to making the UK the safest place in the world to be online and the best place to start and grow a digital business. We stand by our online harms commitment and nothing agreed in trade deals will affect that. The UK-Japan Comprehensive Economic Partnership Agreement does not impact the government’s ability to enact legislation to tackle online harms.</p><p><strong> </strong></p><p>In December we published the full government response to the Online Harms White Paper, which set out the expectations on companies to keep their users safe online. The Online Safety Bill, which will give effect to the regulatory framework set out in the full government response, will be ready this year.</p> more like this
answering member constituency Gosport more like this
answering member printed Caroline Dinenage more like this
question first answered
less than 2021-03-16T18:35:19.953Zmore like thismore than 2021-03-16T18:35:19.953Z
answering member
4008
label Biography information for Dame Caroline Dinenage more like this
tabling member
1536
label Biography information for Emily Thornberry more like this