European News

People are  to have more control over their personal data and be better protected in the digital age under new measures announced by Digital Censorship Minister Matt Hancock.

• Public to have greater control over personal data - including right to be forgotten

• New right to require social media platforms to delete information on children and adults when asked

In a statement of intent the Government has committed to updating and strengthening data protection laws through a new Data Protection Bill. It will provide everyone with the confidence that their data will be managed securely and safely. Research shows that more than 80% of people feel that they do not have complete control over their data online.

Under the plans individuals will have more control over their data by having the right to be forgotten and ask for their personal data to be erased. This will also mean that people can ask social media channels to delete information they posted in their childhood. The reliance on default opt-out or pre-selected 'tick boxes', which are largely ignored, to give consent for organisations to collect personal data will also become a thing of the past.

Businesses will be supported to ensure they are able to manage and secure data properly. The data protection regulator, the Information Commissioner's Office (ICO), will also be given more power to defend consumer interests and issue higher fines, of up to £17 million or 4% of global turnover, in cases of the most serious data breaches.

Matt Hancock, Minister of State for Digital said:

Our measures are designed to support businesses in their use of data, and give consumers the confidence that their data is protected and those who misuse it will be held to account.

The new Data Protection Bill will give us one of the most robust, yet dynamic, set of data laws in the world. The Bill will give people more control over their data, require more consent for its use, and prepare Britain for Brexit. We have some of the best data science in the world and this new law will help it to thrive.

The Data Protection Bill will:

• Make it simpler to withdraw consent for the use of personal data

• Allow people to ask for their personal data held by companies to be erased

• Enable parents and guardians to give consent for their child's data to be used

• Require 'explicit' consent to be necessary for processing sensitive personal data

• Expand the definition of 'personal data' to include IP addresses, internet cookies and DNA

• Update and strengthen data protection law to reflect the changing nature and scope of the digital economy

• Make it easier and free for individuals to require an organisation to disclose the personal data it holds on them

• Make it easier for customers to move data between service providers

New criminal offences will be created to deter organisations from either intentionally or recklessly creating situations where someone could be identified from anonymised data.

Elizabeth Denham, Information Commissioner, said:

We are pleased the government recognises the importance of data protection, its central role in increasing trust and confidence in the digital economy and the benefits the enhanced protections will bring to the public.

Data protection rules will also be made clearer for those who handle data but they will be made more accountable for the data they process with the priority on personal privacy rights. Those organisations carrying out high-risk data processing will be obliged to carry out impact assessments to understand the risks involved.

The Bill will bring the European Union's General Data Protection Regulation (GDPR) into UK law, helping Britain prepare for a successful Brexit.

Social media companies in Germany face fines of up to 50m euros if they fail to remove obviously illegal content in time. From October, Facebook, YouTube, and other sites with more that two million users in Germany must take down posts containing hate speech or other criminal material within 24 hours. Content that is not obviously unlawful must be assessed within seven days.

Failure to comply will result in a 5m euro penalty, which could rise to 50m euros depending on the severity of the offence.

Facebook responded in a statement:

We believe the best solutions will be found when government, civil society and industry work together and that this law as it stands now will not improve efforts to tackle this important societal problem.

German MPs voted in favour of the Netzwerkdurchsetzungsgesetz (NetzDG) law after months of deliberation, on the last legislative day before the Bundestag's summer break.

Opponents  responded the tight time limits are unrealistic, and will lead to accidental censorship as technology companies err on the side of caution and delete ambiguous posts to avoid paying penalties.

The bill has faced criticism from human right's campaigners. Many of the violations covered by the bill are highly dependent on context, context which platforms are in no position to assess, wrote the UN Special Rapporteur to the High Commissioner for Human Rights, David Kaye. He added that the obligations placed upon private companies to regulate and take down content raises concern with respect to freedom of expression.

The law may still be chllenged in Brussels, where campaigners have claimed it breaches EU laws.