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Peer Review - Part I — Handley Gill As the Data (Use and Access) Bill continues its passage through the House of Lords, Handley Gill’s specialist data protection consultants summarise the first session of the House of Lords’ Grand Commi...

If you really want to get into the weeds on the progress of the Data (Use & Access) Bill, read our blogs on the Grand Committee hearings
03/12/: www.handleygill.co.uk/handley-gill...
10/12: www.handleygill.co.uk/handley-gill...
Continues from 15:45 today. #DataProtection #DUABill #DataBill #DPDIBill

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Do you want to understand the changes to UK #DataProtection legislation proposed by the Data (Use & Access) Bill and what they will mean for you? Download our comprehensive briefing: www.handleygill.co.uk/handley-gill... #DUABill #DataBill #DPDIBill #SmartDataBill #GDPR #UKGDPR #DPA2018 #PECR

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Data Use and Access Bill will fail to protect public from AI harms The Data Use and Access Bill will fail to protect the public from harmful uses of artificial intelligence, say digital rights campaigners, Open Rights Group.

Data protection can defend us against harmful AI practices.

But the new Data Bill will allow public authorities and companies to use automated systems to make life-changing decisions without human review.

The new Bill reheats the mistakes of the #DPDIBill ⬇️

www.openrightsgroup.org/press-releas...

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#FOI release: the UK's Department for Business & Trade has disclosed a Royal Mail email that informed the Sunak Government's position on #openaddresses in a Lords debate in March www.owenboswarva.com/blog/post-ad...

(Basically, RM's view was regurgitated by the DSIT minister.)

#DPDIBill #opendata

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Digital Information and Smart Data Bill

● The Government wants to ensure we harness the power of data for economic growth, to support a modern digital government, and to improve people's lives.
● The Bill will enable new innovative uses of data to be safely developed and deployed and will improve people's lives by making public services work better by reforming data sharing and standards; help scientists and researchers make more life enhancing discoveries by improving our data laws; and ensure your data is well protected by giving the regulator (the ICO) new, stronger powers and a more modern structure. These measures start delivering on the Government's commitment to better serve the British public through science and technology.

Digital Information and Smart Data Bill ● The Government wants to ensure we harness the power of data for economic growth, to support a modern digital government, and to improve people's lives. ● The Bill will enable new innovative uses of data to be safely developed and deployed and will improve people's lives by making public services work better by reforming data sharing and standards; help scientists and researchers make more life enhancing discoveries by improving our data laws; and ensure your data is well protected by giving the regulator (the ICO) new, stronger powers and a more modern structure. These measures start delivering on the Government's commitment to better serve the British public through science and technology.

Not mentioned in the #KingsSpeech itself, but UK Government bills for this Parliament include a Digital Information and Smart Data Bill www.gov.uk/government/p...

Basically a subset of less contentious measures in the aborted #DPDIBill.

#DISDBill #smartdata #digitalID #dataprotection #dataeconomy

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'With a fresh perspective on policy and legislation by the new government, this is an exciting and opportune moment to take the previous DPDI bill, tighten it up, and put it through the legislative process in haste.

'A progressive and innovation-friendly regulatory environment that maintains strong privacy protection standards while delivering digital trust and legal certainty will encourage economic growth, more innovative and effective public services, make easier the use of data for research and public good, and greater flexibility in a more complex global environment for data transfers.

'Inclusion of the legislation in the King's Speech would show that this government is committed to business and modernising the economy. We look forward to working with the new Labour government to advance the issues relevant to our industry, business and the economy.'

'With a fresh perspective on policy and legislation by the new government, this is an exciting and opportune moment to take the previous DPDI bill, tighten it up, and put it through the legislative process in haste. 'A progressive and innovation-friendly regulatory environment that maintains strong privacy protection standards while delivering digital trust and legal certainty will encourage economic growth, more innovative and effective public services, make easier the use of data for research and public good, and greater flexibility in a more complex global environment for data transfers. 'Inclusion of the legislation in the King's Speech would show that this government is committed to business and modernising the economy. We look forward to working with the new Labour government to advance the issues relevant to our industry, business and the economy.'

We don't really know what the new UK Government intends to do with data reform, but here's some bad advice from the Data & Marketing Association (DMA) dma.org.uk/article/dma-...

#DPDIBill #dataprotection #directmarketing #lobbying

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Data

1. Introduce its own version of the Data Protection and Digital Information (DPDI) Bill, focusing on innovation and data sharing in Open Banking and Smart Data schemes.
2. Explore further measures to keep everyone safe online, particularly on social media, and expand fraud strategies to tackle online threats.
3. Establish a National Data Library to support data-driven public services while maintaining strong safeguards.
4. Build on the existing Online Safety Act to enhance online protection for all users.

Data 1. Introduce its own version of the Data Protection and Digital Information (DPDI) Bill, focusing on innovation and data sharing in Open Banking and Smart Data schemes. 2. Explore further measures to keep everyone safe online, particularly on social media, and expand fraud strategies to tackle online threats. 3. Establish a National Data Library to support data-driven public services while maintaining strong safeguards. 4. Build on the existing Online Safety Act to enhance online protection for all users.

Labour's "own version" of #DPDIBill – is that the right framing? How much of that work do we want the new government to revisit?

Does UK Labour have a joined-up strategy for data and digital, or will it just increment recent Tory plans?

#GE2024 #datapolicy #dataprotection #ODCamp

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A spokesperson for ISPA said: "NUAR has been in development for a long time but the current government's decision to put NUAR on a statutory framework with mandatory participation significantly alters the relationship between underground asset owners and NUAR.

"With the DPDI Bill falling there is now a great opportunity for a new government to consult fully, before any NUAR legislation is considered, to address concerns around cost, benefits, security and safety.

"Of particular importance to our members are questions such as the charging regime, update requirements and how NUAR will handle safety and security critical information and we look forward to engaging constructively with the new government on these issues."

A spokesperson for ISPA said: "NUAR has been in development for a long time but the current government's decision to put NUAR on a statutory framework with mandatory participation significantly alters the relationship between underground asset owners and NUAR. "With the DPDI Bill falling there is now a great opportunity for a new government to consult fully, before any NUAR legislation is considered, to address concerns around cost, benefits, security and safety. "Of particular importance to our members are questions such as the charging regime, update requirements and how NUAR will handle safety and security critical information and we look forward to engaging constructively with the new government on these issues."

Internet Services Providers Association urges the next UK government to re-evaluate the National Underground Asset Register and consult further before making it legislation www.geplus.co.uk/news/industr...

Geospatial Commission's NUAR www.gov.uk/guidance/nat...

#DPDIBill #geospatial not- #opendata

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Those of you with any experience of coaching or being coached might be familiar with the CIA framework. No, it's got nothing to do with
international espionage. In this context CIA refers to a classic way of approaching situations which might seem hard to navigate. Under the CIA model you basically break things down into:

C – the things you can CONTROL
I – the things you can INFLUENCE
A – the things you need to just ACCEPT

Those of you with any experience of coaching or being coached might be familiar with the CIA framework. No, it's got nothing to do with international espionage. In this context CIA refers to a classic way of approaching situations which might seem hard to navigate. Under the CIA model you basically break things down into: C – the things you can CONTROL I – the things you can INFLUENCE A – the things you need to just ACCEPT

#FOI response with ICO internal comms on last month's cancellation of the Data Protection and Digital Information Bill www.whatdotheyknow.com/request/dpdi... (UK) HT Jon Baines

#GE2024 #DPDIBill #dataprotection

Staff advised to say the Serenity Prayer

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The #DPDIBill is dead but I expect security vendors to continue writing blog posts about it for some time.

#dataprotection #infosec #fanfic

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IDS and other Brexiteers can console themselves that, even if the UK hasn't diverged from GDPR just yet, we still have a weaker regulatory environment for exploitation of personal data.

#GE2024 #DPDIBill #dataprotection #takebackcontrol

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Forthcoming business in the UK House of Lords for the next two days i.e. the wash-up period www.lordswhips.org.uk/fb from the Government Whips' Office

No mention of the Data Protection and Digital Information Bill (though "Further business may be scheduled").

#GE2024 #DPDIBill #dataprotection

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Sources suggested that "wash-up", when the government finalises non-contentious bits of legislation, would take place next week before parliament is dissolved, which also points to a July 4 election.

Sources suggested that "wash-up", when the government finalises non-contentious bits of legislation, would take place next week before parliament is dissolved, which also points to a July 4 election.

Okay, if a UK General Election is *that* imminent then it's doubtful the Government will be able to push the #DPDIBill through in wash-up www.theguardian.com/politics/art...

The Bill will likely fall and the UK will retain its statutory alignment with the EU on #dataprotection, for the time being.

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Rumours are circulating that the Tories may announce a UK General Election date imminently. That could truncate the time available for passage of the #DPDIBill.

Given no real opposition from Labour, my sense is the Bill would be passed in 'wash-up' rather than lost at dissolution.

#dataprotection

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The report stage immediately precedes the third reading stage of the Bill which is the last chance of for peers to ensure the Bill is workable. After third reading, the Bill will be sent back to the House of Commons for consideration of Lords amendments as both Houses of Parliament must agree on the Bill's exact wording. This can start a process called 'ping pong' whereby the Bill goes back and forth between the Commons and the Lords, until the final text is ratified. Once that happens, the Bill will go for Royal Assent.

The report stage immediately precedes the third reading stage of the Bill which is the last chance of for peers to ensure the Bill is workable. After third reading, the Bill will be sent back to the House of Commons for consideration of Lords amendments as both Houses of Parliament must agree on the Bill's exact wording. This can start a process called 'ping pong' whereby the Bill goes back and forth between the Commons and the Lords, until the final text is ratified. Once that happens, the Bill will go for Royal Assent.

Post-Brexit reforms to UK #dataprotection laws on course to pass by the summer www.pinsentmasons.com/out-law/news... + bills.parliament.uk/bills/3430/s... #DPDIBill

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Letter dated 14/05/2024 from Viscount Younger of Leckie to Lords questions on the DWP's proposed Third Party Data measure, as raised during the Committee stages of the Data Protection and Digital Information Bill: fraud, welfare fraud and error and DWP's fraud plan, why the Third-Party Data measure is needed and what the power is, compliance with ECHR, limiting the primary powers, benefits in scope, restrictions on information received, information received on linked accounts, further safeguards, affirmative Secondary Legislation, the Code of Practice, proposed use of this power, commitment to test and learn and delivery, comparisons with other schemes, impact of the measure and evidence underpinning it.

Letter dated 14/05/2024 from Viscount Younger of Leckie to Lords questions on the DWP's proposed Third Party Data measure, as raised during the Committee stages of the Data Protection and Digital Information Bill: fraud, welfare fraud and error and DWP's fraud plan, why the Third-Party Data measure is needed and what the power is, compliance with ECHR, limiting the primary powers, benefits in scope, restrictions on information received, information received on linked accounts, further safeguards, affirmative Secondary Legislation, the Code of Practice, proposed use of this power, commitment to test and learn and delivery, comparisons with other schemes, impact of the measure and evidence underpinning it.

Yet another 'will write' letter following from UK House of Lords committee debate on the Data Protection and Digital Information Bill depositedpapers.parliament.uk/depositedpap...

By my count that makes three letters missing from the Bill publications page.

#DPDIBill #dataprotection #surveillance

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Letter dated 24/04/2024 from Viscount Camrose to Lords regarding questions raised during the Committee staage of the Data Protection and Digital Information (DPDI) Bill (fourth and fifth days): enforcement action for violations of international transfer rules, Ofcom's role in regulating researcher's access to data, ICO complaints and redress, Digital verification systems (DVS), inclusive access to services, adequacy and reporting, Lords European Affairs Committee inquiry on EU-UK data adequacy, House of Commons Committee Stage, biometrics

Letter dated 24/04/2024 from Viscount Camrose to Lords regarding questions raised during the Committee staage of the Data Protection and Digital Information (DPDI) Bill (fourth and fifth days): enforcement action for violations of international transfer rules, Ofcom's role in regulating researcher's access to data, ICO complaints and redress, Digital verification systems (DVS), inclusive access to services, adequacy and reporting, Lords European Affairs Committee inquiry on EU-UK data adequacy, House of Commons Committee Stage, biometrics

Another 'will write' letter following from UK House of Lords committee debate on the Data Protection and Digital Information Bill depositedpapers.parliament.uk/depositedpap...

This one is also missing from the Bill publications page.

#DPDIBill #dataprotection #biometrics etc.

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Letter dated 08/05/2024 from Viscount Camrose and Lord Harlech to Peers regarding questions raised in the Data Protection and Digital Information Bill committee stage debates (sixth and seventh days): use of cookies, telecommunications, form of birth and death registers, information on sign-ups to National Underground Asset Register (digital map of underground apparatus), deepfakes, data risks from systemic competitors and hostile actors, updates to the age-appropriate design code, risk assessments

Letter dated 08/05/2024 from Viscount Camrose and Lord Harlech to Peers regarding questions raised in the Data Protection and Digital Information Bill committee stage debates (sixth and seventh days): use of cookies, telecommunications, form of birth and death registers, information on sign-ups to National Underground Asset Register (digital map of underground apparatus), deepfakes, data risks from systemic competitors and hostile actors, updates to the age-appropriate design code, risk assessments

Another 'will write' letter from UK Government ministers, following from House of Lords committee debate on the Data Protection and Digital Information Bill depositedpapers.parliament.uk/depositedpap...

#DPDIBill #dataprotection #cookielaw #deepfakes etc.

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Motion text

That this House is deeply alarmed by new powers contained within the Data Protection and Digital Information Bill that would allow the Government to engage in the mass surveillance of tens of millions of people's bank accounts; notes that these new powers would force banks to spy on the 23 million individuals in the welfare system, including those who are disabled, sick, caregivers, jobseekers and pensioners, as well as on the private banking data of people related to them including partners, parents, landlords and other associates …

Motion text That this House is deeply alarmed by new powers contained within the Data Protection and Digital Information Bill that would allow the Government to engage in the mass surveillance of tens of millions of people's bank accounts; notes that these new powers would force banks to spy on the 23 million individuals in the welfare system, including those who are disabled, sick, caregivers, jobseekers and pensioners, as well as on the private banking data of people related to them including partners, parents, landlords and other associates …

Early Day Motion on UK Government surveillance of bank accounts, following from new powers in the Data Protection and Digital Information Bill edm.parliament.uk/early-day-mo... #DPDIBill #dataprotection #surveillance

Signed by 21 MPs so far (no Tories or Labour frontbenchers as far as I can see).

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Candidates will provide strategic direction for the Information Commission and oversee the effective management of the organisation, leveraging their extensive skills, experience and skills to shape the direction and governance of the new Information Commission.​

This will include supporting the IC's development, ensuring that it is ahead of emerging risks and opportunities and is able to take relevant, focused action on a wide range of data protection and transparency matters.

Candidates will provide strategic direction for the Information Commission and oversee the effective management of the organisation, leveraging their extensive skills, experience and skills to shape the direction and governance of the new Information Commission.​ This will include supporting the IC's development, ensuring that it is ahead of emerging risks and opportunities and is able to take relevant, focused action on a wide range of data protection and transparency matters.

Job – Non-Executive Directors, Information Commission (four posts), location flexible apply-for-public-appointment.service.gov.uk/roles/8060 (UK)

The Information Commission is the body that the ICO will become if/when the #DPDIBill is passed.

#dataprotection #FOI

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Even under the current regime, several experts consider the ICO's enforcement activities as weak. At the same time, the Bill appears to further undermine, not merely the effectiveness, but beyond that the independence of the ICO. In particular, there is a risk that the Commissioner will have a duty to consider factors outside its primary expertise when balancing between the protection of personal data and other interests such as the UK economy, public safety or the international agenda of the UK Government prior to exercising their powers, or, having to follow priorities set by the Secretary of State.

Even under the current regime, several experts consider the ICO's enforcement activities as weak. At the same time, the Bill appears to further undermine, not merely the effectiveness, but beyond that the independence of the ICO. In particular, there is a risk that the Commissioner will have a duty to consider factors outside its primary expertise when balancing between the protection of personal data and other interests such as the UK economy, public safety or the international agenda of the UK Government prior to exercising their powers, or, having to follow priorities set by the Secretary of State.

Three "most controversial" issues with UK data protection reforms, as identified by the EU Parliament's LIBE Committee:

● changes to the definition of personal data
● the role of the UK Information Commissioner
● onward transfers of personal data

#DPDIBill #dataadequacy #dataprotection #dataflows

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The LIBE Committee is concerned about the overall direction of the data policies of the UK Government. The current actions of the Government appear to be aimed at (i) eliminating constraints arising from European or international law, and (ii) limiting the impact of European court jurisdiction and European court interpretations on UK law. Finally, the LIBE Committee also observes a switch towards using executive legislative powers in these policies with limited oversight from the UK Parliament. In the opinion of the LIBE Committee, these factors, as well as other issues mentioned in this contribution, may increase UK divergence from EU data standards, putting the validity of the adequacy findings into question.

The LIBE Committee is concerned about the overall direction of the data policies of the UK Government. The current actions of the Government appear to be aimed at (i) eliminating constraints arising from European or international law, and (ii) limiting the impact of European court jurisdiction and European court interpretations on UK law. Finally, the LIBE Committee also observes a switch towards using executive legislative powers in these policies with limited oversight from the UK Parliament. In the opinion of the LIBE Committee, these factors, as well as other issues mentioned in this contribution, may increase UK divergence from EU data standards, putting the validity of the adequacy findings into question.

Written evidence from the European Parliament's Committee on Civil Liberties, Justice and Home Affairs to the UK House of Lords inquiry into data adequacy committees.parliament.uk/writtenevide...

Inquiry committees.parliament.uk/work/8338/uk...

#DPDIBill #dataadequacy #dataprotection #dataflows

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However, I am not able to accept the amendment, as the current drafting would capture legitimate AI models that have been deliberately misused by offenders without the knowledge or intent of their creators to produce child sexual abuse material. It would also inadvertently criminalise individual users who possess perfectly legal digital files with no criminal intent, due to the fact that they could, when combined, enable the creation of child sexual abuse material.

I therefore ask the noble Baroness to withdraw the amendment, while recognising the strength of feeling and the strong arguments made on this issue and reiterating my offer to meet with her to discuss this ahead of Report.

However, I am not able to accept the amendment, as the current drafting would capture legitimate AI models that have been deliberately misused by offenders without the knowledge or intent of their creators to produce child sexual abuse material. It would also inadvertently criminalise individual users who possess perfectly legal digital files with no criminal intent, due to the fact that they could, when combined, enable the creation of child sexual abuse material. I therefore ask the noble Baroness to withdraw the amendment, while recognising the strength of feeling and the strong arguments made on this issue and reiterating my offer to meet with her to discuss this ahead of Report.

Baroness Kidron's amendment to the UK's #DPDIBill, aimed at synthetic CSAM but drafted so broadly that it would have effectively criminalised development of any general-purpose txt2img generative AI model, has fortunately been withdrawn hansard.parliament.uk/lords/2024-0...

#AIlaw #techlaw #genAI

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Letter from Viscount Camrose to Peers regarding policy on data communities, reforms to the definition of personal data, savings from reforms to subject access requests, technical amendments, protections for children's data, ICO role in protecting children, Automated Decision Making, public sector compliance with Algorithmic Transparency Recording Standard, and international data transfers.

Letter from Viscount Camrose to Peers regarding policy on data communities, reforms to the definition of personal data, savings from reforms to subject access requests, technical amendments, protections for children's data, ICO role in protecting children, Automated Decision Making, public sector compliance with Algorithmic Transparency Recording Standard, and international data transfers.

Letter from DSIT minister Viscount Camrose with responses following from the first three days of Lords debate on the Data Protection and Digital Information Bill data.parliament.uk/DepositedPap... #DPDIBill #dataprotection

Other Bill docs incl Hansard transcripts bills.parliament.uk/bills/3430/p...

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Data continues to play a pivotal role in our society and economy. This government recognises that our data economy is integral to the UK's growth and future prosperity. We want to harness the opportunities for data to create efficiencies, tailor products and services, improve decision making, and empower customers to make better use of data that belongs to them. Through championing Smart Data – a form of data portability – we are facilitating the data economy to drive growth and innovation, and to enable services that ensure businesses and consumers get more for their money.

Data continues to play a pivotal role in our society and economy. This government recognises that our data economy is integral to the UK's growth and future prosperity. We want to harness the opportunities for data to create efficiencies, tailor products and services, improve decision making, and empower customers to make better use of data that belongs to them. Through championing Smart Data – a form of data portability – we are facilitating the data economy to drive growth and innovation, and to enable services that ensure businesses and consumers get more for their money.

The Smart Data Roadmap: action the government is taking in 2024 to 2025 www.gov.uk/government/p... from the UK's Department for Business and Trade

#Smartdata is sharing of customer data, but also covers use of the same powers to mandate #opendata i.e. the #roadfuels scheme.

#DPDIBill #dataeconomy

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Carol Monaghan 
(Glasgow North West) (SNP)

Individuals’ personal data is not safe in Tory hands. A recent article in The Guardian reported that senior Tory party officials planned to make millions from selling off their own members’ data through the “True Blue” app. If the Tory party is happy to sell off its own members’ personal data, how can the public possibly have confidence that their data is safe under the Government?

Julia Lopez 

The allegations that the hon. Lady has put forward were written in The Guardian, and I have not seen them myself. I am presiding over the data Bill, and I have seen no evidence to suggest that we are trying to bring forward laws that would do such a thing.

Carol Monaghan (Glasgow North West) (SNP) Individuals’ personal data is not safe in Tory hands. A recent article in The Guardian reported that senior Tory party officials planned to make millions from selling off their own members’ data through the “True Blue” app. If the Tory party is happy to sell off its own members’ personal data, how can the public possibly have confidence that their data is safe under the Government? Julia Lopez The allegations that the hon. Lady has put forward were written in The Guardian, and I have not seen them myself. I am presiding over the data Bill, and I have seen no evidence to suggest that we are trying to bring forward laws that would do such a thing.

Short debate on 'Personal Data' in the UK House of Commons yesterday hansard.parliament.uk/Commons/2024... #DPDIBill #dataprotection

Mostly softball questions.

Allegations re Tories selling off their members' data, which the data minister prudently hasn't seen: www.theguardian.com/politics/202...

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Later this afternoon the UK House of Lords resumes its scrutiny of the Data Protection and Digital Information Bill whatson.parliament.uk/event/cal47461 + video www.parliamentlive.tv/Event/Index/... #DPDIBill #dataprotection

Bill documents bills.parliament.uk/bills/3430/p...

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Latest Keeling Schedules for the UK's Data Protection and Digital Information Bill, deposited 13 March 2024 depositedpapers.parliament.uk/depositedpap... (for UK GDPR, DPA 2018, and PECR) HT Beatrice Jamnezhad #DPDIBill #dataprotection

Keeling Schedules highlight changes to the text of legislation.

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Nine days of committee stage have been scheduled so far: 

● Wednesday 20 March
● Monday 25 March
● Wednesday 27 March
● Monday 15 April
● Wednesday 17 April
● Monday 22 April
● Wednesday 24 April
● Monday 29 April
● Wednesday 1 May.

Nine days of committee stage have been scheduled so far: ● Wednesday 20 March ● Monday 25 March ● Wednesday 27 March ● Monday 15 April ● Wednesday 17 April ● Monday 22 April ● Wednesday 24 April ● Monday 29 April ● Wednesday 1 May.

Hey – the UK Government has scheduled six more days of committee debate on the Data Protection and Digital Information Bill in the House of Lords www.parliament.uk/business/new... #DPDIBill #dataprotection

So the committee debate will run into May.

(Why did I think there were only three days?)

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#Openaddresses was discussed in the Lords yesterday, during debate on the UK's Data Protection and Digital Information Bill. I've picked out the relevant contributions in a blog post:

Open addresses in the House of Lords – what happened? www.owenboswarva.com/blog/post-ad...

#DPDIBill #opendata

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