Ensuring free-flow of personal data post Brexit

On Monday 9 November 2020, the Committee for Home Affairs submitted proposals to the States of Guernsey designed to ensure the continued free-flow of personal data between the Bailiwick of Guernsey and the UK after the end of 2020.

Deputy Rob Prow, President of the Committee for Home Affairs, said:

‘While the UK is still expecting to receive an adequacy decision by the end of 2020, there is a real risk that this timeframe will not be achieved. If this were to be the case, the Bailiwick of Guernsey would be left in a position where the sharing of personal data with the UK would be unlawful and technically would have to stop.

‘In order to avoid this and to maintain the free flow of personal data to the UK, we must be prepared with alternate provisions. As such, we are asking the States to approve a new Ordinance in order to extend the “sunset clause” for data sharing with the United Kingdom.

‘If approved, this Ordinance would ensure that the UK continues to be designated as an “authorised jurisdiction” until 31st December 2021.’

See also: our deputy commissioner Rachel Masterton’s 2018 dissertation on the data protection implications of a ‘Hard Brexit’ for businesses.

UPDATE (17 December 2020): the Ordinance has now been approved.