UK Reveals New Data Laws with the Data Use and Access Bill

The UK’s new Data Use and Access Bill is a breakthrough for businesses, public services, and consumers. Positioned as a catalyst for economic growth and efficiency, this legislation aims to unlock the potential of data to create a more streamlined, innovative, and secure environment for all. 

Key Benefits for Businesses

Here are the key benefits of the Data Use and Access Bill for businesses: 

1. Accelerating Economic Growth
   By creating the right conditions for secure data sharing, the Bill is expected to contribute £10 billion to the UK economy over the next decade. It builds on the success of open banking by laying the groundwork for new data-sharing models in industries like energy and telecommunications. For businesses, this means greater innovation opportunities, access to real-time market insights, and the ability to offer tailored solutions to consumers.

2. Simplified Processes and Reduced Risks
   The introduction of the National Underground Asset Register (NUAR) will drastically improve construction planning by mapping underground utilities. This will not only reduce costly errors but also minimise disruptions caused by accidental damage. For sectors like construction and utilities, this means fewer delays and smoother project execution.

3. Building Consumer Trust with Digital Verification
   The Bill's framework for digital verification services includes a certification process to boost consumer confidence. Businesses offering identity verification tools can gain a competitive edge by earning a government-issued trust mark, ensuring their solutions meet rigorous security and privacy standards.

The Bill’s impact on public services also benefits businesses indirectly by improving the overall efficiency of systems like the NHS and police. For instance, streamlined healthcare data sharing could reduce delays for occupational health assessments, benefiting employers reliant on quick turnaround times for new hires.

Amongst these changes, the legislation emphasises robust safeguards. Businesses dealing with sensitive data must maintain high standards of governance to ensure security and privacy. This aligns with the revamped Information Commissioner’s Office’s enhanced enforcement powers, which will oversee compliance.

Feedback from the ICO

The Information Commissioner’s Office (ICO) has welcomed the proposed changes in the Data Use and Access Bill, describing them as balanced and pragmatic updates to the UK’s regulatory framework. 

These amendments align with the ICO’s mission to oversee a fast-evolving, data-driven environment while maintaining essential protections. The ICO highlighted the importance of retaining the UK’s adequacy status with the EU, noting the government’s commitment to this goal as a vital reassurance for international data flows. 

The ICO suggests several updates to the Data Use and Access Bill to improve clarity and consistency. It recommends explicitly including the ICO in consultation processes to avoid ambiguity about its role and standardising terms like "personal data" across clauses. 

Definitions, such as "public authority," should align with existing laws like the DPA 2018. The ICO also calls for adjustments to support practical application, such as clarifying rules for scientific research consent and ensuring aggregate data can benefit from exemptions under research provisions. International data transfer rules should prioritise data protection standards while expanding their scope to include non-UK controllers under the UK GDPR. 

Additionally, clearer guidance is needed on human involvement in automated decision-making and the responsibilities of processors. The ICO also seeks simplified language for transparency exceptions and subject access request procedures to prevent unnecessary complexity. The drafting for joint processing by law enforcement and intelligence services needs adjustment to better reflect how these arrangements are made. These changes will make the Bill clearer, more consistent, and easier to use.

How Can Gerrish Legal Help?

Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property. 

We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements. 

We are here to help you, get in contact with us today for more information.