“I am very concerned about the zeal of the European Commission to adopt a so-called adequacy decision when it is anything but clear that the UK government can familiarise itself with our data,” she said. “Even if the UK gets a matching agreement that could be the beginning of a pretty difficult process,” says Patel. The report states that “virtually all lawyers, economic leaders and policy makers interviewed” “agreed that the abrogation of a British adequacy agreement would be a strong possibility under national security and surveillance legislation.” In July 2018, the withdrawal of the EU commission published a crucial report, The Advance of the BRITISH negotiations on leaving the EU: data on the need for the UK to guarantee agreements on data adequacy before Brexit. The report made several recommendations based on the unrealistic chances that the UK will ensure both adequacy status after Brexit and a seat at the proverbial table. The UK Government stated that at the end of the transition period, data transfers from the UK to the EEA would be allowed. She says she will keep that up to date. The UK government intends to recognise the adequacy decisions taken by the European Commission before the end of the transition period. This will allow for continued limited transfers from the UK to most of the organisations, countries, territories or sectors covered by an EU adequacy decision. More information is available in our guidelines on international data transfers at the end of the transition period. For its part, the Commission did not respond to EURACTIV`s questions about their intention to take the issue of “transfers” into account in its assessment of the adequacy of data protection in the United Kingdom. The revival of Europe in `t Veld and others in Brussels also expressed concern about the UK`s adequacy to an EU-Ue agreement on data exchange, given that the country has reached agreements with the US since the decision to withdraw from the EU. In the United States, there is no uniform data protection legislation, although the California Consumer Privacy Act, which was influenced by the RGPD, came into effect earlier this year.
From January 2020, the ICO will have its own page of instructions and resources that organisations can use during the Brexit transition period. It should be remembered that a matching agreement is largely in their hands. Nevertheless, growing concerns about their non-application on important data protection issues, such as real-time imperatives, could contribute to the bizarre situation in which the data protection authority becomes an obstacle to adequacy. In June 2018, DExEU issued a technical note (.pdf) on the benefits of a new data protection agreement, which pursues the question/believe/folie that the UK can continue to be a full partner around a table it has left. It even concludes with the arrogant call to action “Why should the United Kingdom be treated differently?” The European Commission said it could “not predict” whether, as part of the ongoing negotiations on a future trade agreement between the two sides, the UK would be able to reach an agreement on the adequacy of data transfers with the EU. Despite the updated data protection shield agreement currently in force between the US and the EU, the NSA or other US intelligence services can continue to monitor EU citizens in a manner contrary to EU law. “The data transmitted is not protected against mass surveillance by the state, regardless of the legal mechanism of transmission,” the report says.