UK-RoI Cross-Border Data Protection Network (Cross-DPN)

Lead Research Organisation: University of Portsmouth
Department Name: Sch of Law

Abstract

The UK-RoI Cross-Border Data Protection Network (Cross-DPN) will create a forum for discussing the challenges of data protection in the post-Brexit era through an interdisciplinary perspective, involving a number of stakeholders.

The protection of personal data is of critical importance from a social, economic and legal perspective. In contemporary global societies, networks of individuals, businesses and states heavily rely on flows of data across borders. Three-quarters of the UK's data transfers to other countries are with the EU. RoI hosts the European headquarters of leading technology corporations, such as Google and Facebook, which process data of millions of European and British citizens. Free transfer of data between RoI and Northern Ireland is vital for maintaining all island co-operation on an economic, political and social basis, and safeguarding peace.

Brexit disrupts the current data protection regime. Following the UK's departure from the EU, it is unclear whether and how personal data will continue to be freely transferred between the EU and the UK. In the absence of a specific agreement, the UK will be treated as a non-EU country, with important implications for citizens, businesses and national security agencies. Millions of citizens whose personal data are processed in the UK and thousands of businesses carrying out cross-border activities between the UK, RoI or other EU countries face major uncertainties about their future rights and obligations as regards data protection. As a result, the Irish border - a site where entities, mobility and information intersect - gives rise to an unprecedented puzzle pertaining to the mechanisms of data transfer to the UK, law enforcement and intelligence sharing, and administrative cooperation in the post-Brexit era.

Cross-DPN will build the first sustainable network of academics, civil society, industry and public officials to engage with data protection-related challenges in the post-Brexit era. The network is directed by a steering committee of four early career researchers, both from the UK and RoI, all experts in data protection and with a consolidated experience in network building, project management and knowledge dissemination. This network will be the first of its kind, both in terms of theme and in terms of range of stakeholders involved.

Its mission will be to pursue three main objectives:
1. to create a knowledge-sharing forum for assessing the challenges of data protection after Brexit and explore potential solutions;
2. to strengthen existing links between researchers from the UK and RoI and foster the formation of new relationships between academics and public/private stakeholders; and
3. to offer a platform for identifying common research agendas, laying the foundations for future collaborations, and applying for competitive bids in the area of data protection.

In order to achieve these objectives, we plan three activities that will start in January 2021:
a. we will organise four events in the RoI and the UK, focusing on the areas which will present major challenges for the development of data protection in the years ahead, namely: EU-UK data transfer mechanisms; the management of the Irish border and data protection; data protection in law enforcement and intelligence sharing; and institutional cooperation between UK, RoI and EU data protection authorities.
b. we will set up a website, social media channels and a mailing list for disseminating research outputs and the latest news relevant to data protection and Brexit.
c. we will organise an annual open call aiming to support short research visits by two emerging scholars whose research seeks to contribute to a better understanding of the challenges of data protection in the post-Brexit era.

Ultimately, Cross-DPN aims to open a new channel for dialogue in the island of Ireland, and contribute to maintaining the Irish border as a site of integration and cooperation.

Publications

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Related Projects

Project Reference Relationship Related To Start End Award Value
ES/V008080/1 11/01/2021 04/10/2021 £10,053
ES/V008080/2 Transfer ES/V008080/1 06/01/2022 09/04/2022 £9,833
 
Description Our project achieved its three main objectives:

First, it established a knowledge-sharing forum for assessing data protection-related challenges following Brexit and explore potential solutions. We organised four virtual workshops, where academic experts, private stakeholders, members of the civil society and public officials exchanged their views about major obstacles and uncertainties relating to data protection that have emerged because of the UK's withdrawal from the EU proposed ways for addressing them. Several of these presentations and discussions are published on a new website that was created for the purpose of disseminating information and updates in this field to the wider public (www.crossdpn.com).

Second, it created new and strengthened existing links between the United Kingdom, the Republic of Ireland and the European Continent by fostering the formation of new relationships between scholars and public/private stakeholders. Our project hosted several early career and senior researchers from academic institutions in Britain, Northern Ireland, the Republic of Ireland and several EU Member States as well as representatives of the UK and EU public agencies. Furthermore, the project was jointly managed by a team of scholars in the UK and RoI.

Third, it offered a platform for identifying common research agendas and laying the foundations for future collaborations in data protection. The new specialised online website that was build identifies key areas of concern for the UK, RoI and the EU and disseminates latest research findings on data protection after Brexit. In addition, we launched an open access book project with a reputable academic publisher, with the aim to publish a selection of the project's research findings and suggest future research pathways.
Exploitation Route The completion of this project has offered solid foundations for future academic and non-academic collaboration and cross-border research in the field of data protection in the post-Brexit era. First, it has paved the way for publishing an open access edited volume that will introduce the research outcomes of this project to the wider research community and regulatory agencies. Second, the successful completion of this project has put fertile ground for building a larger funding application that will draw on the acquired expertise and newly built network of experts. Finally, by involving in our discussions and output key officials from the most relevant regulatory agencies, we believe that our key research outcomes are likely to be more efficiently disseminated to key-stakeholders in the UK, RoI and EU. As a result, there is potential that the impact of the network's activities on their policy making in the medium and long term may be enhanced.
Sectors Digital/Communication/Information Technologies (including Software)

Financial Services

and Management Consultancy

Government

Democracy and Justice

Security and Diplomacy

URL http://www.crossdpn.com
 
Description Public Online Workshop: Data protection and transnational institutional collaboration in the field of data protection in the post-Brexit era 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact In the political declaration about their future partnership, the EU and the UK agreed to make arrangements for appropriate cooperation between data protection regulators; yet, it is unclear if and how precisely this will materialise. Maintaining channels of inter-state cooperation contributes to regulatory alignment and the rapid and efficient response to common risks. Moreover, it encourages the exchange of best practices, and reduces the risk of conflicts. This workshop, co-organised by the Centre of European Law at King's College London, the University of Southampton and the UK-RoI Cross-Border Data Protection Network explored legal and practical obstacles associated with maintaining a UK-EU cooperation at multiple levels of administrative and political hierarchy post-Brexit and identify ways to address them.

Contributions to the Workshop were made by the following speakers:
- Wojciech Wiewiórowski, European Data Protection Supervisor.
- Peter Hustinx, Non-executive director, Information Commissioner's Office; former European Data Protection Supervisor.
- Sophie Stalla-Bourdillon, Senior Privacy Counsel & Legal Engineer at Immuta; Professor in Information Technology Law and Data Governance, University of Southampton.
- Lilian Mitrou, Professor of Information/Data Protection Law, University of the Aegean-Greece.
Uta Kohl, Professor of Law, University of Southampton.
- Sir Francis Jacobs QC, former Advocate General at the European Court of Justice; President of the Centre of European Law, King's College London (welcome speech)
- Takis Tridimas, Chair of EU Law, co-Director of the Centre of European Law, King's College London (moderator)
- Napoleon Xanthoulis, Lecturer in Law, University of Southampton (moderator).

Following the presentations, the audience was given the opportunity to engage in a direct dialogue and as questions to the invited regulators and research scholars. Several members of the audience expressed interest to learn more about our project and be more closely involved in its activities. The success of this (and previous) workshops further motivated the project team to organise an additional workshop in Dublin in 2022 to consolidate and reflect on the project's findings and proceed with publishing a selection thereof in an edited volume by Hart Publishing (forthcoming in September 2023).
Year(s) Of Engagement Activity 2021
URL https://www.southampton.ac.uk/law/news/events/2021/12/16-data-protection-in-post-brexit-era.page