The UK Reform of Data Protection: Impact on Data Subjects, Harm Prevention, and Regulatory Probity

Abstract

In September 2021, the UK government released a set of proposed reforms to its data protection regime for public consultation. The reforms are part of a broader national strategy, which aims to incentivise data-driven innovation and make the UK an international “data hub”. In this article, we argue that taken together, the proposed reforms risk (1) undermining the data subjects’ rights that were ensured with the adoption of the EU GDPR into UK law; (2) introducing an accountability framework that is inadequate to address harm prevention; and (3) eroding the regulatory probity of the Information Commissioner’s Office (ICO). We also comment on the analysis of the expected impact of the reform, discussing the negative impact for both public and private stakeholders, especially in light of the “Brussels effect” and growing international compliance with the EU GDPR.

Keywords: Accountability;Brussels Effect; data protection; digital governance; digital innovation; privacy; UK GDPR reform.

JEL Classification: K2