EU Council Publishes Changes to Artificial Intelligence Act Proposal
On 29 November 2021, the Slovenian Presidency (the “Presidency”) of the European Council published its compromise text (“Compromise Text”) on the European Union’s (“EU”) draft Artificial Intelligence Act (“AI Act” or “Act”) alongside a progress report on the Act. While the overall structure of the AI Act and many of its key provisions (including, those relating to potential fines for non-compliance), remain the same, there are some significant proposed changes to the Act which we have noted below including, for example, a new Article on general purpose AI systems. (more…)
5 Global Data Protection Trends To Watch In 2022
*This article was first published by Law360 on January 3, 2022.
A recent discussion with Elizabeth Denham and Claudia Berg of the U.K. Information Commissioner’s Office provided ample food for thought on the direction in which data protection regulation both in the U.K. and internationally is headed, including key trends to watch for in data protection.
View article.
Data: A New Direction or Misdirection? ICO Responds to UK Government Consultation on Its Proposed New Data Protection Regime
On 7 October 2021, the Information Commissioner’s Office (“ICO”), published its response to the UK government’s consultation entitled “Data: A new direction”. The consultation which sets out the proposals of the Department for Digital, Culture Media & Sport (“DCMS”) promised far-reaching reforms to the UK data protection regime with an emphasis on capturing the power of data to drive economic growth and innovation. The DCMS’s proposals posed a significant moment for UK data protection law and as such Sidley was pleased to host a Chatham House Rule discussion about this important consultation on 15 September 2021 with Joe Jones, Deputy Director, International Data Transfers at the DCMS. We hope that interested readers may have attended our discussion with Deputy Director Jones. (more…)
National AI Strategy: The UK Government Publishes Its Artificial Intelligence Strategy for the Next Decade
On 22 September 2021, the UK Government (the “Government”) published its Artificial Intelligence (“AI”) strategy. The paper outlines the Government’s plan to make Britain a “global superpower” in the AI arena, and sets out an agenda to build the most “pro-innovation regulatory environment in the world”. This post highlights some of the key elements from the UK AI strategy. Significantly, the UK’s proposed approach may diverge in some respects from the EU’s GDPR. For example, the UK strategy includes consideration of whether to drop Article 22’s restrictions on automated decision-making, and whether to maintain the UK’s current sectoral approach to AI regulation. The UK will publish a White Paper on regulating AI in early 2022, which will provide a basis for further consultation and discussion with interested or affected groups before draft legislation is formally presented to the UK Parliament. (more…)
Switzerland Recognizes New EU Standard Contractual Clauses and Issues Guidance on International Data Transfers
On August 27, 2021, the Swiss Federal Data Protection and Information Commissioner (FDPIC) formally recognized the new EU Standard Contractual Clauses published by the European Commission on June 4, 2021 (New SCCs). The New SCCs are intended to legitimize transfers of personal data from Switzerland to countries not deemed by the FDPIC as providing an adequate level of protection for personal data (cf. official statement) — thereby completing its guidance on international data transfers published on June 18, 2021. The aim of these documents is to reduce uncertainties in a post-Schrems II era and to help companies ensure the ongoing lawful transfer of personal data.
Digital Health in the UK: MHRA Bold New (Regulatory) World?
In his statement to the House of Lords on September 16, Lord Frost announced that “we will use the provisions of the Medicines and Medical Devices Act 2021 to overhaul our clinical trial frameworks, based on outdated EU legislation, giving a major boost to the UK’s world-class R&D sector and getting patients access to new lifesaving medicines more quickly. The MHRA which is a world class regulator as we know, is already reforming the medical devices regulations to create a world-leading regime in this area.” This provided a timely back-drop to the MHRA’s new publications on medical device software, and part of a broader agenda for regulatory change in the UK.
Sidley Privacy and Cybersecurity Roundtable
Please join Sidley’s Privacy and Cybersecurity Group for a two-part discussion with UK government officials with a focus on data transfer and innovation.
UK Data Protection and Data Transfers – New Directions
In this Chatham House discussion, our panelists will cover:
- Data Transfers to the U.S. and Developments on “Adequacy”
- G7 and OECD Data Protection Initiatives
- UK Regulation of Data and Promotion of Innovation
UK Government Publishes UK Approach to International Transfers, Including Data Adequacy
On August 26, 2021, the UK Government’s Department for Digital, Culture, Media and Sport (DCMS) published its mission statement setting out the UK approach to adequacy assessments and international data transfers, alongside a Manual Template and Manual Guidance for undertaking adequacy assessments and an infographic map illustrating ten priority countries forming part of that process. This release forms part of a broader package of measures announced by DCMS to “seize the opportunities of data to boost growth, trade and improve its public services” following the UK’s exit from the EU, which included an announcement that John Edwards (the current New Zealand Privacy Commissioner) is the Government’s preferred nominee to be the next UK Information Commissioner. (more…)
UK ICO Opens Consultation on Data Transfer Agreements and Guidance
On 11 August 2021, the UK Information Commissioner’s Office (ICO) launched a public consultation on its draft international data transfer agreement and guidance (Consultation). The Consultation comes two months after the European Commission’s adoption of new EU Standard Contractual Clauses (EU SCCs) and the European Data Protection Board’s publication of the final Schrems II guidance. The EU SCCs do not automatically apply in the UK since its exit from the EU. Moreover, the ICO has not yet formally acknowledged the EU SCCs, i.e., as a valid data transfer mechanism under the UK GDPR.