The UK’s Knowledge (Use and Entry) Act brings helpful updates to the nation’s knowledge safety regime – notably for research-driven and tech-forward companies – nevertheless it doesn’t rewrite the rulebook.
The Act introduces clarification and incremental adjustments reasonably than wholesale reforms. Whereas it leaves a lot of the substance of the UK GDPR intact, it affords some useful clarifications and provides flexibility in particular areas, particularly for data-driven companies in tech, life sciences, and AI.
One space that has drawn consideration is the remedy of non-public knowledge used for “scientific analysis”. The time period could sound slim, however the Act confirms it consists of not solely educational and publicly funded analysis, but in addition a broad vary of economic R&D actions.
In some circumstances, knowledge collected for one function can now be reused for analysis with out requiring recent consent from the people. This won’t open the floodgates, however it might take away friction for groups engaged on new options or exploratory evaluation, notably in fields like well being tech and machine studying.
The Act additionally softens some constraints round automated decision-making. It permits selections with authorized or equally vital results to be made utilizing AI or algorithms, so long as there’s a legitimate authorized foundation, no delicate knowledge is concerned, and different safeguards such significant human oversight can be found. Whereas this affords extra flexibility than the unique GDPR guidelines, firms should nonetheless guarantee the method is truthful, clear and accountable.
Cross-border knowledge transfers stay unchanged for now. The EU is anticipated to overview the UK’s adequacy standing by the top of 2025.
Whereas no main points are anticipated, companies ought to preserve the overview on their radar and be sure that their switch mechanisms for non-adequate jurisdictions – such because the UK Worldwide Knowledge Switch Addendum – stay up-to-date, particularly the place large-scale knowledge transfers are occurring.
The Act alerts continuity with some sensible refinements. Whereas it received’t require most firms to overtake their compliance programmes, it’s a well timed reminder to overview inner practices, particularly the place the processing of non-public knowledge helps analysis, product growth or AI.
Getting forward of those adjustments now may help easy the trail for future progress.
Guadalupe Sampedro is associate and head of the cyber, knowledge and privateness follow at Cooley
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