Edwards brands 'bonfire of data rights' claims 'bullshit'

Information Commissioner John Edwards has rejected concerns that the UK’s data protection reforms will see consumers’ privacy rights abandoned in the name of tech innovation, branding the claims “bullshit”.

In an interview with Politico, Edwards maintained that the shake-up, revealed in August last year and sparked by Brexit, will also give the UK a competitive advantage as they will cut out EU red tape.

The consultation, “Data: A new direction”, includes structural changes to the ICO, a fresh clampdown on nuisance calls, an overhaul of the so-called cookie law, and a relaxation of accountability measures, all of which have raised the hackles of many.

Privacy organisation the Open Rights Group claims the reforms will lead to a “bonfire of privacy rights”, creating a jungle where big tech and rogue businesses will be free to harass everyone in the name of growth and innovation. Charity and public sector organisations have also urged the Government to be more cautious about its plans.

But Edwards, who took up the role in January, countered: “I’m sick of these false dichotomies. I reject the dichotomy of strong regulation versus innovation — it’s bullshit.

“What we have at the ICO as our competitive advantage, I think, is an ability to move fast and fix things and not be mired down by the bureaucracy of needing to check with 20 colleagues on every bit of wording on every penalty.”

However, the ICO is hardly seen as a lean, mean fighting machine, with many investigations taking years to complete and others just falling by the wayside. In the vast majority of cases firms just get a slap on the wrist.

Even the ICO itself has claimed that plans to give the Secretary of State the power to approve or reject its codes of practice and guidance, would not only undermine the regulator’s independence, but could damage public trust and even trigger more legal challenges.

And despite these “competitive advantage” Edwards has revealed the ICO will continue to work closely with European counterparts and confirmed it has signed a deal with the Irish Data Protection Commission, to avoid costly and unnecessarily divergent regulation.

He also dismissed claims that the reforms could scupper the Brussels data adequacy deal, which allows the continued free flow of data from across the EU to the UK.

Edwards said: “I am confident that the Government is very clear of the value which UK industry places on adequacy. I don’t think there’s any question of it being in peril.”

He added that it was clear to ministers that any reform that led to the country losing data adequacy would have to “significantly outweigh” the cost of scuppering the agreement, which is due for renewal in three years.

Edwards concluded: “I am confident that ministers and officials are fully aware of [our] concerns [about the data reforms] and we are working constructively with them, I think, to try and ensure that the policy objectives are met in ways which don’t imperil adequacy or undermine the independence of the office.”