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Committee recommends data protection regulations should be upgraded to affirmative procedure

19 October 2023

The European Statutory Instruments Committee has recommended that the Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 should be upgraded to the affirmative procedure.

The proposed regulations’ Explanatory Memorandum states that the instrument seeks to “replicate the current position as far as possible”. However, without further analysis, the committee is unclear whether this would be achieved or whether in practice, there would be a diminution of rights. The committee believes the instrument should therefore go through the affirmative procedure, giving Members an opportunity to question a Government Minister.

The legislation would change the way that “fundamental rights” and “fundamental freedoms” are defined in UK data protection legislation. Definitions would be made by reference to the European Convention on Human Rights, rather than under retained EU rights, which will be repealed under the Retained EU Law (Revocation and Reform) Act 2023.
It is the first Proposed Negative Statutory Instrument under the Retained EU Law (Revocation and Reform) Act 2023 that the committee has recommended should be upgraded to the affirmative procedure, requiring a debate and approval in both Houses of Parliament.

Further information

Image credit: Elspeth Keep/UK Parliament