Regulatory Developments

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One of Jisc’s activities is to monitor and, where possible, influence regulatory developments that affect us and our customer universities, colleges and schools as operators of large computer networks. Since Janet and its customer networks are classified by Ofcom as private networks, postings here are likely to concentrate on the regulation of those networks. Postings here are, to the best of our knowledge, accurate on the date they are made, but may well become out of date or unreliable at unpredictable times thereafter. Before taking action that may have legal consequences, you should talk to your own lawyers. NEW: To help navigate the many posts on the General Data Protection Regulation, I've classified them as most relevant to developing a GDPR compliance process, GDPR's effect on specific topics, or how the GDPR is being developed. Or you can just use my free GDPR project plan.

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DCMS call for views on GDPR derogations

Tuesday, May 9, 2017 - 10:44

The Department for Culture, Media and Sport has called for views on how the UK should use the "derogations" (i.e. opportunities and requirements for national legislation) contained within the General Data Protection Regulation. The main area where derogations, or the lack of them, could affect the Jisc community is in the application of the GDPR to research data. We have therefore recommended that the UK Government should:

  • use the Article 89 (Research and Archives) derogation to reproduce the current regime under s.33 of the Data Protection Act 1998 (DPA), which has enabled long-term research studies and data sets, including in health and social sciences;
  • in particular, and as suggested by the European Data Protection Supervisor, apply that derogation to the forthcoming ePrivacy Regulation to permit suitably protected research on electronic communications data;
  • use the Article 85 (Free Speech) derogation, as required by the GDPR, to give academic expression and information the same free speech protection as journalistic expression has under section 32 of the DPA.

Further details are in the full version of our response.

Data Protection Regulation
GDPRdevelopment
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Comments

Good stuff Andrew.  I have added in our comments into the IRMS response.  The IRMS initial comments on Theme 5 (before additions) were:  

"Under the current Data Protection Act 1998 the archiving condition (section 33) outlines the conditions for which this applies but also what requirements of the DPA do not apply in that processing purpose. Under the GDPR Article 89 (2)&(3) allow for the UK Government to legislate on outlining how the rights outlined in Articles 15, 16, 18, 19, 20 and 21 would apply to the Personal Data processed under these conditions / purposes.

The IRMS believes that this legislation should, at the very least, match the protections offered to archiving services under the Data Protection Act 1998. Some clarity would also be beneficial where there is no ‘national statute’ to archive information that is not deemed a public record but does have some historical (national or local) value"
 

Submitted by David Reeve on Tue, 2017-05-09 10:51