European Union Committee
Brexit: the EU data protection package

3rd Report of Session 2017-19 - published 18 July 2017 - HL Paper 7



Chapter 1: Introduction


What this report is about

Chapter 2: The EU data protection package


Box 1: Article 8 of the Charter of Fundamental Rights of the European Union

The General Data Protection Regulation

The Police and Criminal Justice Directive

The EU-US Privacy Shield

The EU-US Umbrella Agreement

Implications of Brexit for the UK’s data protection arrangements

Chapter 3: Data transfers after Brexit

UK-EU data transfers

The Government’s aims

Adequacy: witnesses’ views

Alternatives to adequacy: witnesses’ views

Box 2: Data Protection Safeguards under Article 46 of the GDPR

Box 3: Data Protection Safeguards in the PCJ Directive

Timings and transition

UK-US data transfers

Onward transfers: interaction between EU and US arrangements

The Government’s aims

Replacing the EU-US Privacy Shield: witnesses’ views

Replacing the EU-US Umbrella Agreement: witnesses’ views

US approach: witnesses’ views

Conclusions and recommendations

Chapter 4: UK data protection policy after Brexit

Room for manoeuvre on UK data protection policy after Brexit

‘White Space’ in the GDPR

Regulatory Divergence

Reviews of ‘adequacy’

Privacy vs security

Relevance of UK domestic legislation

EU perception of UK practice

Partial adequacy findings

UK influence on data protection standards in the EU and beyond

The European Data Protection Board

Oversight of Europol, Eurojust and EU data-sharing for law enforcement

UK influence on regulation in other jurisdictions

Prospect of an international treaty

Conclusions and recommendations

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Appendix 3: Glossary of terms

Evidence is published online at and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence.

© Parliamentary copyright 2017