Home hopes to preserve free flow of personal data

Tuesday 10 November 2020

Home Affairs has submitted a policy letter aiming to prevent data sharing with the UK from becoming "unlawful" if the mainland fails to achieve European Commission approval by the end of the year.

The policy letter aims to extend the current ordinance, approved by the States in January 2019, that designated the UK an ‘authorised jurisdiction’ until the end of 2020. This was done to maintain the status quo of data sharing until the UK received confirmation of its adequacy from the European Commission, which was meant to happen before the UK exited the EU.

“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,” said Home Affairs President Rob Prow.

“If this were to be the case, the Bailiwick would be left in a position where the sharing of personal data with the UK would be unlawful, and technically would have to stop.

“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.”

I wrote to Lord Chancellor on 18 September expressing concerns on Government of Guernsey’s behalf that any damage to UK’s international reputation will impact us; and respect for all conventions and customs is important to our constitutional relationship with Crown @LordCFalconer https://t.co/PH4garpmDN

— Gavin St Pier ???????? (@gavinstpier) November 9, 2020

The UK government’s handling of Brexit has caused several concerns for the States of Guernsey in the lead-up to its final withdrawal. Earlier this year, Policy & Resources were astounded to hear that Parliament may ‘force’ a new fisheries deal upon the Channel Islands, handing over its territorial seas to the EU to bar European vessels from their own territories.

Moreover, the controversial Internal Market Bill, which would allow the UK Government to contravene the EU Withdrawal Treaty, has caused a number of concerns. Former Chief Minister Gavin St Pier feared that such a bill would damage Guernsey’s international reputation, and it is not yet clear if the Channel Islands would have access to the proposed post-Brexit market.