Publications

Joint NIHRC and ECNI submission to the European Affairs Committee Inquiry on UK-EU Data Adequacy Agreements

Date produced: September 2024

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages on the Data Protection and Digital Information Bill.

You can also download the full document through the links provided.

Summary of advice and recommendations

The NI Human Rights Commission and the Equality and Human Rights Commission for NI advise and recommends:

2.11 The Commissions advise that, as a fundamental right, the right to personal data protection falls within the scope of “civil rights” under the relevant chapter of the Belfast (Good Friday) Agreement. Further, as an essential element of the right to respect for private and family life in Article 8 ECHR, any right to personal data protection afforded by EU law, by which the UK was bound on 31 December 2020, falls within the scope of the non-diminution commitment in Windsor Framework Article 2.

3.10 The Commissions recommend that the Secretary of State reviews the provisions of Data Protection and Digital Information Bill and brings forward amendments as required to avoid a divergence of data protection standards between the UK and the EU that might result in the free flow of data between the UK and the EU being compromised, which could have a detrimental effect on cross-border justice in NI.

3.16 The Commissions recommend that the Secretary of State reviews the provisions of Data Protection and Digital Information Bill and brings forward amendments as required to avoid a divergence of data protection standards between the UK and the EU that might result in the free flow of data between the UK and the EU being compromised, in order to ensure there will be no impact on the ability of patients in NI to access vital cross-border and all-island health services.

4.10 The Commissions recommend the Secretary of State reviews Clause 14, new Articles 22A-D, and brings forward amendments as required to ensure no diminution of rights relating to automated decision-making as compared EU GDPR.

4.11 The Commissions recommend that the Committee request from the Secretary of State a written assurance on how access to cross border services requiring the free-flow of data between the UK and the EU will be protected in light of Clause 14 of the Bill on automated decision-making.

4.15 The Commissions recommend that the Secretary of State reviews Schedule 5 of the Bill and brings forward amendments as required to ensure no diminution of rights in NI relating to data transfer to third countries, measured against relevant EU GDPR standards.

4.19 The Commissions recommend that the Secretary of State reviews Clause 2 and brings forward amendments as required to ensure no diminution of rights in NI in relation to the processing of personal data for scientific purposes.

4.20 The Commissions recommend that the Secretary of State reviews the provisions of Clause 5 of the Bill and brings forward amendments as required to avoid a divergence of data protection standards between the UK and the EU that might result in the free flow of data between the UK and the EU being compromised.

4. 23 The ECNI recommends that the Secretary of State for Science, Innovation and Technology makes all required amendments to the Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 so as to ensure compliance with Windsor Framework Article 2.