The Data Protection and Digital Information Bill 2022-23

The Data Protection and Digital Information Bill  [Bill 143 2022-23] was introduced in the House of Commons on 18 July 2022. The Bill was scheduled to have its second reading on 5 September 2022. However, in a Business Statement on that date, the Government said that, following the election of Elizabeth Truss as Conservative Party leader, second reading would not take place as scheduled to allow Ministers to consider the Bill further. 

The Government has said the Bill is intended to update and simplify the UK’s data protection framework to reduce burdens on organisations while maintaining high data protection standards. The governance structure and powers of the Information Commissioner’s Office (the regulator) would be reformed and transferred to a new body, the Information Commission. 

The Bill would also:

• establish a framework for the provision of digital verification services to enable digital identities to be used with the same confidence as paper documents.
• increase fines for nuisance calls and texts under the Privacy and Electronic Communications Regulations (PECR).
• update the PECR rules to cut down on ‘user consent’ pop-ups and banners.
• allow for the sharing of customer data, through smart data schemes, to provide services such as personalised market comparisons and account management.
• reform the way births and deaths are registered in England and Wales, enabling the move from a paper-based system to registration in an electronic register.
• facilitate the flow and use of personal data for law enforcement and national security purposes.
• create a clearer legal basis for political parties and elected representatives to process personal data for the purposes of democratic engagement.

Data protection is a reserved matter and the Bill’s data protection reforms would extend to the whole of the UK, apart from one provision relating to the Information Commission’s seal, which does not extend to Scotland. Other provisions in the Bill would require legislative consent motions from the devolved administrations – eg in relation to international alert sharing agreements and the smart data scheme

The following supporting material is available:

• New data laws to boost British business, protect consumers and seize the benefits of Brexit, Department for Digital, Culture, Media and Sport press release [online], 17 June 2022 
• Explanatory Notes (PDF).
• Delegated Powers Memorandum (PDF).
• Impact Assessment (PDF).