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1138283

registered interest
date	10/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of the operation of sections 17A and B of the Data Protection Act 2018 as inserted by the Data Protection, Privacy and Electronic Communications (EU Exit) Regulations 2019; how many times the provisions contained within those Regulations have been exercised; and what plans they have, if any, to review the exercise of those powers once the UK leaves the EU.
tabling member printed	Lord Freyberg
uin	HL17080
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>The EU Withdrawal Act 2018 will retain the General Data Protection Regulation (GDPR) in domestic law when the UK leaves the EU. The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 use powers under that Act to correct deficiencies in the GDPR so that it remains operable in a purely domestic context. For example, the Regulations rename the GDPR as the ‘UK GDPR’, repatriate certain powers from the EU Commission to the Secretary of State and replace European terminology with UK equivalents.</p><p>Section 17A of the Data Protection Act 2018, as inserted by these Regulations, repatriates power from the EU Commission to the Secretary of State to make adequacy decisions for the purposes of Article 45 of the UK GDPR. Section 17B sets out the requirement for ongoing monitoring of adequate countries and for adequacy decisions to be reviewed at least every four years (maintaining the standards in Article 45 of the GDPR).</p><p>The EU Exit provisions of these Regulations have not yet been exercised because they only come into force on Exit Day.</p> answering member printed Lord Ashton of Hyde question first answered 19/07/2019 10:50:15 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

1137940

registered interest
date	09/07/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Health Services and Social Services: Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have, if any, to permit anonymised data (1) controlled, or (2) generated, by publicly funded health and care organisations in the UK to be shared for commercial purposes with businesses headquartered in non-EEA countries after Brexit.
tabling member printed	Lord Freyberg
uin	HL17039
answer	answer is ministerial correction date of answer 17/07/2019 answer text <p>Access to patient information for commercial purposes is not permitted, unless the patient has given their consent. The Government's principles governing data-sharing agreements entered into by National Health Service organisations, originally published in draft in December 2018 and reaffirmed in the policy framework update document published earlier this month, make clear that NHS data may only be accessed by third parties where there is an explicit aim to improve the health, welfare and/or care of patients in the NHS or the operation of the NHS, and that a fair share of the benefits from any agreements flow back to the NHS. We do not anticipate this will change when the United Kingdom leaves the European Union.</p><p> </p> answering member printed Baroness Blackwood of North Oxford question first answered 17/07/2019 14:08:20 answering member 4019 label Biography information for Baroness Blackwood of North Oxford
tabling member	2593 label Biography information for Lord Freyberg

1137941

registered interest
date	09/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government which third countries have been recognised by the EU as providing adequate data protection.
tabling member printed	Lord Freyberg
uin	HL17040
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>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.</p><p> </p><p>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.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL17041 HL17042 question first answered 19/07/2019 10:49:47 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

1137942

registered interest
date	09/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Lord Freyberg
uin	HL17041
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>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.</p><p> </p><p>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.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL17040 HL17042 question first answered 19/07/2019 10:49:47 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

1137943

registered interest
date	09/07/2019
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: EU Law
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what factors they will take into account when making data adequacy decisions after Brexit.
tabling member printed	Lord Freyberg
uin	HL17042
answer	answer is ministerial correction date of answer 19/07/2019 answer text <p>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.</p><p> </p><p>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.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL17040 HL17041 question first answered 19/07/2019 10:49:47 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

1137944

registered interest
date	09/07/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Data Protection: USA
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to design a new, improved data privacy shield that takes on board concerns about the current EU–United States Privacy Shield before negotiating a trade deal with the government of the United States after Brexit, so that it safeguards individuals as well as providing for the promotion of the UK’s life science and technology sectors.
tabling member printed	Lord Freyberg
uin	HL17043
answer	answer is ministerial correction date of answer 23/07/2019 answer text <p>The Government has committed to maintaining a high level of data protection standards, which are set out in the Data Protection Act 2018.</p><p>These safeguards allow the public to have trust in how and why their data is used and it is important that we maintain them. Access and use of data should always be done lawfully, safely and securely. We reiterate that National Health Service data must always be held securely, with appropriate and strong privacy and cyber-security protections.</p><p>As the United Kingdom leaves the European Union we have made arrangements with the United States that will ensure that in both ‘deal’ and ‘no deal’ scenarios, transfers of personal data from the UK to US Privacy Shield participant organisations can continue to be made under the Privacy Shield Framework.</p> answering member printed Baroness Blackwood of North Oxford grouped question UIN HL17044 question first answered 23/07/2019 15:33:07 answering member 4019 label Biography information for Baroness Blackwood of North Oxford
tabling member	2593 label Biography information for Lord Freyberg

1137945

registered interest
date	09/07/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Health Services and Social Services: Data Protection
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to explore the scope to design a dedicated privacy shield confined to health and care data before negotiating a trade deal with the government of the United States after Brexit.
tabling member printed	Lord Freyberg
uin	HL17044
answer	answer is ministerial correction date of answer 23/07/2019 answer text <p>The Government has committed to maintaining a high level of data protection standards, which are set out in the Data Protection Act 2018.</p><p>These safeguards allow the public to have trust in how and why their data is used and it is important that we maintain them. Access and use of data should always be done lawfully, safely and securely. We reiterate that National Health Service data must always be held securely, with appropriate and strong privacy and cyber-security protections.</p><p>As the United Kingdom leaves the European Union we have made arrangements with the United States that will ensure that in both ‘deal’ and ‘no deal’ scenarios, transfers of personal data from the UK to US Privacy Shield participant organisations can continue to be made under the Privacy Shield Framework.</p> answering member printed Baroness Blackwood of North Oxford grouped question UIN HL17043 question first answered 23/07/2019 15:33:07 answering member 4019 label Biography information for Baroness Blackwood of North Oxford
tabling member	2593 label Biography information for Lord Freyberg