Govt lines up new Bills for cyber security and smart data

King's speechThe Government has stopped short of announcing new Bills for data protection and artificial intelligence but has vowed to strengthen the UK’s cybersecurity and resilience, as well as take greater advantage of data to trigger economic growth.

In the King’s Speech at the State Opening of Parliament, the new Government said it would introduce the Cyber Security & Resilience Bill, which would give greater power to regulators to push more firms to implement better cybersecurity defences.

It said the Bill would expand the remit of existing regulation and put regulators on a stronger footing, as well as increasing the reporting requirements placed on businesses to help build a better picture of cyber threats to the UK.

It would be joined by a new Digital Information & Smart Data Bill, which would enable new, “innovative” uses of data to help boost the economy.

Under the new legislation, digital verification services would be established, the Government said, which would include digital identity products to help the public quickly and securely share key information about themselves as they use online services in their everyday life.

It would also enable the creation of so-called “smart data” schemes, which would allow for the secure sharing of customer data, upon their request, with authorised third-party service providers.

The Digital Information & Smart Data Bill does, however, resurrect some elements of the defunct Data Protection & Digital Information Bill, with measures to modernise and strengthen the Information Commissioner’s Office. The legislation would also help scientists and researchers make better use of data for their work.

Even so, there were no details on whether the new Bill will include any elements of the DMA’s 10-point wish-list, which included a call to maintain high standards of data protection to build trust and confidence in the future of the economy and government services; provide certainty to legitimate interests as a lawful basis for data processing to ensure the right to conduct a business is balanced with the right to privacy; take a principles-based, ethical approach to AI regulation; give legal certainty to the recitals in GDPR to ensure the legislation is correctly interpreted by the Information Commissioner’s Office, lawyers and data protection officers; and maintain adequacy with the EU to ensure free flow of trade.

DMA chief executive Chris Combemale said: “A focus on growth within the King’s Speech is a welcome sign of a proactive strategy to support UK businesses, presented in line with the new Government’s priorities following the election. The DMA strongly supports the Digital Information & Smart Data Bill. We will work closely with the Government to ensure the critical reforms to data protection legislation that are important to our members will become part of the new Bill.

“The DMA also support proposals for an AI Bill that enshrines an ethical, principles-based approach to AI. The DMA will actively input on development of this Bill at all stages.

“Responsible use of data and AI will be at the heart of growth in the private sector, advancements in scientific and medical research and delivery of modern public services. A Digital Information & Smart Data Bill that enables data to flow more freely while reducing administrative burdens on business will be very welcome by all marketers if it is balanced with protecting privacy.

“Getting the balance right between innovation and privacy is essential to establishing trust in the products, services and medicines of the future. The combination of a Digital Information & Smart Data Bill and an AI Bill will empower businesses to attract and retain customers and help charities to attract and retain donors, while knowing that they are doing so in a responsible and effective way that builds trust.”

Meanwhile, Advertising Association director of policy and gvernment affairs Lisa Hayley-Jones added: “We note the Government has pledged to introduce powers to regulate AI and look forward to working with Ministers on this important issue. We will continue our dialogue with Government on data reforms for our industry, to help ensure the UK remains a world-leading data-driven economy.”

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