EU adequacy decision on UK data protection regime

16/03/2021 67 Views
EU adequacy decision on UK data protection regime

We welcome the European Commission’s draft decision to recognise the adequacy of the UK data protection regime under Article 45(3) of the GDPR. We are hopeful that this decision will be approved and that the EU and UK can continue to benefit from having access to each other’s health data to facilitate the development of new treatments and to improve patient safety and care across Europe. Recognition of the adequacy of the UK data protection regime is vital for the functioning of the European health sector. It determines everything from the delivery of cross border health and social care for thousands of European citizens, to governing how health data is securely shared to advance research. This preliminary decision from the Commission is a positive first step to ensure the continued secure free flow of personal data between the EU and UK to protect the European health sector. We urge the European Data Protection Board and European Parliament to support the ruling and National Governments to approve the decision to protect the European health sector.

The free flow of data between the 27 EU Member States and the UK is long established and it provides clear benefits for parties in the health sector and beneficiaries of health services. In the health context, recognition of the adequacy of the UK data protection regime is instrumental to addressing cross-border health threats, such as COVID-19, and to facilitating quick and effective information exchanges between EU and UK regulators. An adequacy decision would greatly facilitate continuing cooperation between EU and UK researchers on clinical trials and epidemiological research, which saves and improves citizens’ lives and contributes to public health policy.

With an adequacy decision, EU organisations and businesses will also benefit from the ability to continue transferring personal data to the UK securely as they do now, without having to resort to costly and burdensome alternative transfer mechanisms. If there is no adequacy decision, the average costs to EU organisations and business setting up alternative data transfer mechanisms have been estimated at €3.300 for a micro-organisation, €11.000 for a small organisation, €21.511 for a medium organisation and €179.069 for a large business.1 Without an adequacy decision, every transfer of personal data from the EU to the UK would be affected with immediate effect from 1st July 2021.

Read our full statement English here and in French here.

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