Columnist Camilla Ravazzolo The dawn of a new era? I n September 2020, the Department for Digital, Culture, could have helped reinforce concepts long-embedded in ethics, Media & Sport (DCMS) published the UK National Data society and legislation. Making data available for enabling value Strategy. It is a large-scale document with a very creation is a worthy and strategic action, but it cannot be straightforward objective: to reflect the opportunities and achieved at the expense of data-privacy rights. challenges of our new hyper-digital world, weigh the priorities Without going into the details of the strategy and without and potential trade-offs of data in a deliberate and evidencelosing all hope in a fair data future, lets see one major critique based way, and, above all, drive growth in the UK economy and (legislation on data protection) and one major opportunity power its recovery from Covid-19. (data skills). Secretary of state Oliver Dowden sets an important framework When the strategy was first published, the general reaction was for the publication in his foreword: when he became digital to see it as a nail in the coffin of acquiring EU adequacy. Since secretary, he vowed to be unashamedly pro-tech (his words, then, another nail has come from the Court of Justice of the not mine. I would be asking questions such as: Pro-tech, as European Union, which found that UK surveillance measures on opposed to what? Pro-analogue? What do you see as the bulk retention and access of communications data are antithesis of pro-tech? Pro-privacy and data protection? incompatible with EU fundamental rights. Pro-competition and antitrust?). He sees the strategy as seeking Another possible hiccup might be the implementation of the to maintain the high watermark of data UK-US bilateral data-sharing agreement. use set during the pandemic, and to free The strategy refers to securing a data up businesses and organisations to keep regime in the UK that is not too The missed opportunity using data to innovate, experiment and burdensome for the average company [ to take a stand by clearly drive a new era of growth (again, his that] will support vibrant competition and distinguishing the treatment words, not mine. Mine would tend to building trust and maintaining of personal and non-personal innovation, underline the exceptionality, speciality high data-protection standards without data is quite surprising and peculiarity of the use of data during creating unnecessary barriers to data the pandemic. Also, what exactly does use. The strategy also intends to drive free up mean?). UK values internationally: now the UK The scope and size of the document are gargantuan. Tackled has left the EU, we have an opportunity to set the UK apart and in its entirety, one cannot but recognise the significant effort put take an independent, individual approach that extols UK values. into identifying and addressing all levels of data relations. The [] We want to ensure that UK values of openness, transparency strategy is welcomed for being as suggested a framework and innovation, as well as the protection of security and ethical that, undoubtedly, needs to be developed in concrete actions and values, are adopted and observed globally. measures. It is a very commendable publication, and tackles data The strategy seems to suggest that a revision of the internal in its entirety information about people, things and systems, and international data-regulation framework is coming, one that personal data, biometrics, demographics, systems and should be led by different values than those in effect until now. infrastructure, used to describe location, information generated I might be missing something, but have core fundamental rights by sensors, administrative, operational and transactional data, as and values changed in the past couple of years? Has something well as analytical and statistical data. occurred in the UK since the adoption and application of the Considering the nature and the objectives of the document, it General Data Protection Regulation (GDPR) that calls for such is an understandable choice. However, the missed opportunity to critical revisionism? Are fair, practical and clear rules, clear and take a stand by clearly distinguishing the treatment of personal trustworthy data-governance mechanisms the ethical grounds and of non-personal data is still quite surprising; such a stand of data protection, consumer protection legislation and 54