Insights UK Parliament calls for written evidence on Data Protection and Digital Information (No 2) Bill


Parliament is calling for written evidence on the Bill before the first sitting of the Public Bill Committee, when it will receive oral evidence, which is expected to be on Wednesday 10 May. The Committee is scheduled to report by 13 June 2023.

Those who wish to submit evidence are encouraged to do so as soon as possible so that the Committee has time to take it into consideration before it starts to scrutinise the Bill line by line. Once the Committee concludes its consideration of the Bill it will no longer be able to receive written evidence. Respondents should note that it can conclude earlier than the expected deadline of 5.00pm on 13 June.

Parliament has set out a useful summary of the Bill to assist respondents. The Bill has six parts and thirteen schedules:

  • Part 1 would make several changes to the existing UK data protection regime set out in the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UKGDPR). The changes would affect, among other things: (i) the definition of personal data; (ii) the processing of data for “legitimate interests”; (iii) subject access requests; (iv) automated decision-making; (v) scientific research; (vi) the obligations of data controllers and processors; (vii) international transfers of personal data; and (viii) intelligence service and national security processing.
  • Part 2 would regulate the provision of digital verification services through the creation of a trust framework, a register of providers, an information sharing gateway, and a trust mark.
  • Part 3 would allow data sharing to support the delivery of public services which benefit businesses or “undertakings” (e.g. those carrying on trade whether for profit or not for profit and bodies established for charitable purposes).
  • Part 4 would, among other things, increase fines for nuisance calls and texts under the Privacy and Electronic Communications Regulations (PECR); it would also introduce a new opt-out model for cookies to reduce the need for users to click through consent banners on every website they visit; in addition, Part 4 would: (i) update the way births and deaths are registered, moving from a paper-based system to an electronic register used by officials; and (ii) make it easier for elected representatives to process general personal data where necessary for the purposes of democratic engagement activities.
  • Part 5 would abolish the Information Commissioner’s Office and transfer its functions to an Information Commission; it would also make changes to the regulation and oversight of biometrics, CCTV, and the National DNA Database.
  • Part 6 contains final and procedural provisions relating to consequential amendments, powers for making regulations, interpretation, and the Bill’s commencement.

To read Parliament’s press release in full and for a link to the Bill and supporting documents, as well as information on how to submit written evidence, click here.