An (In)Adequate Data Protection Regime after Brexit? Bulk Surveillance Powers, National Security and the Future of EU-UK Data Transfers
forthcoming in E. Celeste (et al.) Data Protection and Digital Sovereignty Post-Brexit (Hart, 2023)
18 Pages Posted: 18 Jan 2023
Date Written: January 16, 2023
Abstract
This contribution aims to critically reflect on the future of data transfers between the European Union (EU) and the United Kingdom (UK) by focusing on the problems and challenges arising from the UK’s national security laws. The paper undertakes a historical examination of the bulk powers regulatory framework in the UK by exploring its peculiar trajectory, its underpinning rationale, and its established broader use in the context of law enforcement. It examines the lessons learnt from the political debate preceding the adoption of the Investigatory Powers Act (IPA) 2016 and argues that bulk surveillance powers have long been rooted in the UK’s socio-political environment, continue to reflect a basic consensus between the two main parties and, thus, appear irreversible. The paper then turns to the EU-UK post-Brexit data protection regulatory environment, pointing out the unique position of the UK and the interesting issues that arise regarding the extraterritorial application of EU fundamental rights in the post-Brexit context. It concludes that bulk surveillance powers are the UK’s main vulnerabilities in the context of its data protection relations with the EU post-Brexit.
Keywords: Data Protection, Privacy, EU-UK Data Privacy Relations, Brexit, Investigatory Powers Act (IPA) 2016, Surveillance, Bulk Powers
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