Dan Cooper and Paul Maynard of Covington & Burling write:
On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data. The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), while the second would allow EU law enforcement agencies to transfers personal data subject to Directive 2016/680 — the Data Protection and Law Enforcement Directive (LED) — to their UK counterparts.
Crucially, the Commission states that UK public authorities’ powers to access personal data are limited to what is strictly necessary, and that there are sufficient legal protections against undue interference, including effective rights of redress.
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