Data Protection in the News - May 2021

Expert commentary from Tim Lennard with a roundup of recent data privacy stories
from around the globe

In our heartland of B2B, the UK and EU continue to move towards the granting of an adequacy provision to allow for the free flow of data. There has been some pushback within EU circles, resulting in the EU stating that they reserve the right to withdraw such status if the UK goes off piste. 

The EU also claims to be close to the release of revised and more flexible standard contractual clauses (SCC) to allow the flow of data to jurisdictions that do not carry the EU adequacy status. This will help close the legality chasm in the current transfer of data between the EU and USA, created when the Privacy Shield arrangement was struck down. (The UK will publish its own version of SCCs.)

There is ‘noise’ amongst EU regulators, who are in some unseemly tussles over the ‘one stop shop’ mechanism, which of the regulators can pursue the global tech giants, and whether those in the frame as ‘lead regulator’ are doing a decent job.

Pressure continues in the US for federal privacy legislation as the region becomes increasingly complex with more and more disparate state laws being passed.

China has made moves proposing a ‘consent’ model on tech companies through a draft Personal Information Protection Law (PIPL).

Also, an interesting discussion on the topical issue of video interviews for job applicants and the related privacy implications.

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