Data Free Flow

Data sovereignty and post-Brexit data flows. The MadHATTERs Editorial, 12 February 2020

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So the UK left the EU over a week ago. It’s been pretty much business as usual especially for data protection, with the GDPR expected to remain part of UK law after the transition period ends in Dec 2020. But post-Brexit data flows? That’s another story.

The UK’s access to European data is not a given. It may need a majority of EU member states to agree that the UK has sufficient data protection. But this ‘adequacy decision’ could be in jeopardy, due to how the UK has handled some cross-border data. There’s also the issue of whether the UK’s Snoopers’ Charter — aka Investigatory Powers Act — would be deemed incompatible with GDPR. Basically it’s national security vs privacy and data protection rights.

It boils down to data sovereignty, as nations and citizens grapple with balancing the desire for free flow of data with safeguarding the human right to privacy. Along with the need to protect national and political sovereignty. Take for instance, the Gaia-X project: it wants to reclaim Europe’s data sovereignty and end its dependence on American and Chinese cloud servers. Or calls for US Congress to stop the US-UK Cloud Act Agreement, which gives UK access to US data to fight crime.

The virtual world seems to be emulating its real counterpart in the way it’s increasingly retreating within — and keeping others out of — territorial borders. So much for a borderless Internet.

MadHATTERs is a weekly newsletter covering technology, personal data, and the Internet. Its perspective championing decentralised personal data is led by Dataswift with the Hub of All Things (HAT) technology. If you like what you read, subscribe to receive MadHATTERs in your inbox. Find out more about the HAT at www.hubofallthings.com