This is the ODI’s response to the Data Protection and Digital Information (No 2) Bill committee's consultation on the Bill.

Read our response in full

We at the ODI have spent more than a decade working to build an open, trustworthy data ecosystem. We want a world where data works for everyone, and where the UK builds on its well-deserved reputation as a centre of global excellence for data assurance, data practices, and data governance.

Any legislative change around data protection should pay due care to enabling, and ensuring, safe and trusted data-flows between the UK and other countries. This trusted flow of data would help to secure the economic benefits of data flows - such as increased productivity, increased trade, and increased levels of research - with trust and safety.

We believe that the Data Protection and Digital Information (No. 2) Bill goes some way to achieving a more open and trustworthy ecosystem, but that it should take into account a number of considerations that go beyond legislation, and require a commitment to building public trust, enhancing the data ecosystem, culture and practices around data use, and considering the potential future uses of data.

Key asks for the Bill

  • Retain the requirement for Data Protection Impact Assessments, preventing the burden of accountability and redress being held by individual
  • Mandatory reporting on algorithm use
  • Maintain the requirement for human oversight on automated decision making
  • Improving the processes for accountability and redress, and removing burden on impacted individuals
  • Not allow companies to refuse to comply with Subject Access Requests. This is not justified by the economic benefit to SMEs. SARs promote record keeping and accountability
  • The bill should outline how data intermediaries can be used; and improve data portability to make access continuous