Data Protection and Digital Sovereignty Post-Brexit

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Data Protection and Digital Sovereignty Post-Brexit

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One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK's ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field.

The book analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU.

The book includes an accessible and detailed analysis of the major judicial decisions, laws, and current bills offering an invaluable guide to academics, practitioners, and policymakers navigating the complex issues of cross-border data protection post-Brexit.

1. Introduction

Edoardo Celeste (Dublin City University, Ireland), Róisín Á Costello (Dublin City University, Ireland), Edina Harbinja (Aston University, UK), Napoleon Xanthoulis (University of Southampton, UK)

Part 1 – Towards a New UK Data Protection Model?

2. Post-Brexit UK Data Protection – Staying the Course or Charting a New One?

Karen McCullagh (University of East Anglia, UK)

3. Unlocking the Power of Data without Undermining the GDPR: Myth or Reality?

Sophie Stalla-Bourdillon (University of Southampton, UK)

4. Brexit and Data Protection Law – a Missed Opportunity for the UK Government?

Henry Pearce (University of Portsmouth, UK)

Part 2 – The Precarious Equilibrium of the UK Adequacy Decision: Law Enforcement and National Security

5. Counter-Terrorism, Infomation Sharing and Law Enforcement Cooperation Post Brexit

Christine Andreeva (University of Prague, Czech Republic)

6. An (In)adequate Data Protection Regime after Brexit? Assessing the Future of EU-UK Data Transfers in the Context of UK National Security Laws

Maria Tzanou and Sotirios Santatzoglou (both Keele University, UK)

7. 'Serious and Systemic'? An Analysis of the Development and Use of Live Facial Recognition Technology by Law Enforcement in the UK and Its Impact on Adequacy

Allison M Holmes (University of Kent, UK)

Part 3 – Parallel Challenges: Regulating Artificial Intelligence and Online Safety

8. Regulating AI: A Comparative Analysis of EU and UK Policy Responses

Lilian Mitrou (University of the Aegean, Greece)

9. The Rise of the Right to an Explanation and AI

Uta Kohl (University of Southampton, UK)

10. Beyond Data Protection: The Effects of Other Technology Law Reforms on Data Protection and Commercial Data Transfers

Edina Harbinja (Aston University, UK)

11. From Data Protection to Online Safety: Regulatory Acrobatics and Constitutional Tensions

Napoleon Xanthoulis (University of Southampton, UK)

Part 4 – Digital Sovereignty Tensions and Cross-Border Cooperation Mechanisms

12. The Brussels Effect: Regulatory Standard-Setting and Constitutional Conflicts in Post-Brexit Privacy Law