The UK’s data sharing deals with Europe are about to get real messy
WiredAdequacy decisions are made with a recommendation by the European Commission, but approved by member countries and can be struck down by the European Court of Justice. Daragh O Brien, managing director at consultancy Castlebridge, says he’s hearing that initial discussions are already happening, with a formal request to begin the adequacy procedure set to be made in March. One challenge is surveillance, notably bulk collection of data by the UK security services, as well as sharing intelligence data with five-eyes partners, notably the US. “When the EU does an adequacy agreement, it also considers wider factors such as national security, surveillance and human rights – and there are a few problems with that for the UK,” Patel says. It could be seen as incompatible with the EU’s human rights law – the ECJ has already ruled that bulk collection is unlawful, and the US has faced a similar battle.