Publications

NIHRC Briefing on the Data Protection and Digital Information Bill

Date produced: January 2024.

Below is a summary of the Commission's recommendations and messages.

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

The NI Human Rights Commission advises and recommends:

2.8 that, as a fundamental right, the right to personal data protection would fall within the scope of “civil rights” under 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.

2.9 that all EU law in force in NI on or before 31 December 2020 which underpins an ECHR right, falls within scope of the non-diminution commitment in Windsor Framework Article 2.

2.22 that that the EU GDPR, the EU E-Privacy Directive and the EU Data Protection and Law Enforcement Directive all fall within scope of Windsor Framework Article 2.

2.23 that the Secretary of State review and table any amendments required to ensure that none of the data protection rights contained in EU GDPR, the EU Data Protection Law Enforcement Directive and the EU E-Privacy Directive are weakened or removed via the Data Protection and Digital Information Bill.

3.13 that the Secretary of State amends the Human Rights Memorandum to the Bill to set out in detail an assessment of the compliance of the Bill with Windsor Framework Article 2, including all relevant EU data protection laws, which, by virtue of Windsor Framework Article 2, continue to set standards in NI.

4.16 that the Secretary of State reviews Clause 14, proposed Articles 22A-22C, of the Data Protection and Digital Information Bill and brings forward amendments as required to ensure no diminution of rights relating to automated decision-making under the UK GDPR.

4.20 that the Secretary of State reviews Clause 14, new Article 22D, and brings forward amendments as required to ensure no diminution of rights relating to automated decision-making as compared with UK GDPR.

4.21 that the Secretary of State provides 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.

5.23 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.

6.10 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.

6.11 recommends 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.