Could the UK DPDI No.2 Bill provide a workaround to Meta's US transfer ban?

22/05/2023 | Open Rights Group

The Open Rights Group has warned the UK's Data Protection and Digital Information (No.2) Bill (DPDI No.2 Bill) could provide Meta with a legal workaround for its suspension of data transfers from Europe to the United States ordered by the Irish data protection commission. Schedule 5 of the DPDI No.2 Bill, which lowers the protections for personal data transferred overseas from the UK, creating a situation where the data of EU citizens could, in effect, "be laundered through the UK to countries that the EU does not have an agreement with, including the United States." 

Abigail Burke, Policy Manager for Open Rights Group, said: “Today’s decision exposes flaws in the Data Protection and Digital Information Bill, which could allow the UK to transfer data to countries that have poor data protection." 

This is, of course, assuming the DPDI No.2 Bill passes as it is currently written, the UK keeps its adequacy decision with the EU, and that the EU and US fail to implement the EU-US Data Privacy Framework before the suspension order takes effect.

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