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  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

UK's new Brexit Freedom Bill promises already-slated GDPR reform, easier gene editing rules

(2022/01/31)


The UK government is having a second pass at flogging the benefits of Brexit, as much as they exist, in a new bill that promises to accelerate work on AI and [1]gene editing .

The so-called Brexit Freedoms Bill — its actual title will be decided by Parliamentary clerks — will also offer a "more agile way to regulate new digital markets and AI and [create] a more proportionate and less burdensome data rights regime compared to the EU's General Data Protection Directive."

The bill promises to make it easier to amend or remove "retained EU law" which was left in place following the UK's departure from the political and trading bloc.

Farmers' market

The gene editing move is meant to allow "scientists across England... to undertake plant-based research and development, using genetic technologies such as gene editing, more easily."

UK.gov says the rules will apply to "plants where gene editing is used to create new varieties similar to those which could have been produced more slowly through traditional breeding processes."

The idea is to "grow crops which are more nutritious, and which require less pesticide use."

The idea might find favour amongst [2]sugar beet farmers , who according to the National Farmers Union are struggling to tackle virus yellows disease and hope gene editing can help this. Changing regs are less popular with other members of the union, such as beef farmers who are reportedly still stinging over the [3]opening-up of the country's beef and lamb market under December's UK-Australia deal.

That deal, inked late last year, will give beef and lamb farmers in Australia increased access to the UK market over the next decade, with tariff-free quotas on imported meat gradually going up before all tariffs fall away after 2031. Currently the tariff on Australian beef exports is 12 per cent for product sold in the UK.

It is set to give ministers more power to change retained EU law more quickly than before, without needing votes in Parliament.

The bill follows the policy paper from Sept 2021 which followed Sir Iain Duncan Smith's new Taskforce on Innovation, Growth and Regulatory Reform (TIGRR), a [4]much-derided [5]document designed to examine existing laws and identify future opportunities following our exit from the EU.

[6]

In terms of changes to data laws beyond GDPR, the government has already launched a consultation lead jointly by the Department for Culture, Media and Sport and Department for Business, Energy and Industrial Strategy under the National Data Strategy, [7]first announced in September 2020 .

[8]

[9]

It is unclear how the Brexit Freedoms Bill will enable or interact with that strategy, although some of its more radical proposals appear seem set to be watered down.

It had proposed changes to Article 22 of the UK's GDPR implementation, potentially removing subjects' rights to challenge automated decisions. But Harry Lee, DCMS data protection and data rights deputy director, [10]told a conference earlier this month that the government was looking to improve "efficacy of safeguards" relating to automated decision making, rather than remove them.

[11]

Whatever the government decides, it must walk the line between appearing to be independent of EU regulation and the need to be in line with GDPR to maintain the much-needed "adequacy" ruling to ensure data sharing between the UK and the EU is allowed to continue. [12]Legal commentators have pointed out the adequacy decision is under review and could be jeopardised if the UK strays too far from GDPR.

The UK could also decide losing the adequacy decision might be a price worth paying. The government's efforts to strip away EU law seem to have hit an early constitutional roadblock though. [13]Reports suggest Scottish and Welsh governments have expressed concern the move would affect devolved powers.

The regulatory reforms do promise work for government IT though. The [14]earlier policy paper [PDF] describes plans for the Digital Transformation of Regulation.

[15]Regulations and compliance are 'a curate's egg' for digital transformation, say IT pros in finance, telecoms and public sector

[16]UK government opens consultation on medic-style register for Brit infosec pros

[17]UK government backs away from proposals to remove individuals' rights to challenge AI decision making

[18]It takes more clicks to reject their cookies than accept them, so France fines Facebook and Google over €200m

The idea is to create a data store of regulation that uses "advances in artificial intelligence and machine learning to make regulatory information more accessible and useful."

"At the heart of this work is a new database of all UK regulations affecting business, enriched with additional data that makes it easier to understand each regulation and its context. This database will be openly accessible so that organisations and individuals can use it to develop new digital applications that help people to understand and navigate the UK regulatory regime. The programme will also develop a tool for businesses, hosted on GOV.UK, that will help firms to identify the regulations that are relevant to them and understand what actions they need to take in response," the paper said.

[19]

Details of the Brexit Freedoms Bill are set to be outlined "in due course." ®

Get our [20]Tech Resources



[1] https://www.gov.uk/government/news/new-powers-granted-to-research-gene-editing-in-plants

[2] https://www.nfuonline.com/updates-and-information/gene-editing-a-new-set-of-tools-for-sugar-growers/

[3] https://www.theguardian.com/environment/2022/jan/29/nfu-president-farmers-are-pawns-in-brexit-negotiations

[4] https://www.theregister.com/2021/06/17/post_brexit_laws_mps_wishlist/

[5] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1018386/Brexit_opportunities-_regulatory_reforms.pdf

[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YfgVuFSJDsEB7uoGUSrtnQAAAFY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[7] https://www.gov.uk/guidance/national-data-strategy

[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YfgVuFSJDsEB7uoGUSrtnQAAAFY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YfgVuFSJDsEB7uoGUSrtnQAAAFY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[10] https://www.theregister.com/2022/01/19/uk_government_back_away_from/

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YfgVuFSJDsEB7uoGUSrtnQAAAFY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[12] https://www.theregister.com/2021/06/22/uk_eu_data_sharing_adequacy/

[13] https://www.ft.com/content/7dc8c707-71c6-4c85-ab3d-04464f5d16b9

[14] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1018386/Brexit_opportunities-_regulatory_reforms.pdf

[15] https://www.theregister.com/2022/01/27/ibm_regulation_survey/

[16] https://www.theregister.com/2022/01/25/ukgov_cybersecurity_profession_regulation_ukcsc/

[17] https://www.theregister.com/2022/01/19/uk_government_back_away_from/

[18] https://www.theregister.com/2022/01/06/cnil_facebook_google_cookie/

[19] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YfgVuFSJDsEB7uoGUSrtnQAAAFY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[20] https://whitepapers.theregister.com/



"more agile way"

Potemkine!

[1]BS-o-meter is bleeping as hell!

[1] https://images-wixmp-ed30a86b8c4ca887773594c2.wixmp.com/f/84065033-987d-4a53-ac9f-172bca865101/dcmrb6c-a2784ec1-ca0b-4323-a886-050d41e89092.gif?token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJpc3MiOiJ1cm46YXBwOjdlMGQxODg5ODIyNjQzNzNhNWYwZDQxNWVhMGQyNmUwIiwic3ViIjoidXJuOmFwcDo3ZTBkMTg4OTgyMjY0MzczYTVmMGQ0MTVlYTBkMjZlMCIsImF1ZCI6WyJ1cm46c2VydmljZTpmaWxlLmRvd25sb2FkIl0sIm9iaiI6W1t7InBhdGgiOiIvZi84NDA2NTAzMy05ODdkLTRhNTMtYWM5Zi0xNzJiY2E4NjUxMDEvZGNtcmI2Yy1hMjc4NGVjMS1jYTBiLTQzMjMtYTg4Ni0wNTBkNDFlODkwOTIuZ2lmIn1dXX0.MHzNZ7Oc4iUfDkOIQ2XBRySFSjWRV-mNoocDBWqZEvI

Fingers crossed

codejunky

Lets see what they come up with.

That's obviously got no possibility for mis-use then....

42656e4d203239

>>It is set to give ministers more power to change retained EU law more quickly than before, without needing votes in Parliament.

Allowing ministers to change law without requiring a vote is never going to end well.

It is bad enough, IMHO, that Statutory Instruments can be abused but to have a legal means for ministers to alter just about anything they please (I doubt the proposed law will list the acts it applies to.. so therefore it actually applies to all acts) on a whim, relegates us from a (notional) democracy to something far less appealing.

Operation Distract-The-Electorate in full swing

Androgynous Cupboard

Expect more red-meat for voters over the next few weeks. Or is it dead-cats, rather than red meat? I do hope it's not both, that would be disgusting.

Re: Operation Distract-The-Electorate in full swing

Anonymous Coward

Not voters. As per usual this has very little to do with voters as the voters are likely not going to be asked anything for a good few years. Especially not with the rulers so low in the polls.

But I suspect you are right that this is some red meat thrown to the people who do get a say, a few dozen Conservative MPs and oligarchs party donors that are trying to replace Johnson with someone they prefer more.

That's how they got rid of Cameron, May and ultimately Johnson too. A threat of "Move to our position or else..." has been very effective. Johnson's prefers to stay in No 10 at all cost so the country's policy is essentially run by a few dozen hardlines.

Re: Dead cats and red meat

Azamino

You'll have your dead cat in your red meat and you'll enjoy it too young Cupboard.

Honestly, the gov't gives you a bonafide Brexit benefit and you turn your nose up at it!

Clause 1 of the bill

alain williams

Banning in the same sentence the phrases "party" and "Downing Street".

Re: Clause 1 of the bill

Doctor Syntax

That's OK. The Gray report studiously avoids the term. "Gatherings" is the approved term.

A Cool Billion ! Roll Up, Roll Up !

Claverhouse

No need to be sceptical: front pages of the rags in the local newsagent indicate that Great Britain PLC could benefit by around £1 Billion simply by scrapping onerous safety regulations.

Everybody Wins !

Re: A Cool Billion ! Roll Up, Roll Up !

DJO

Absolutely, we can see how well scrapping tedious regulations worked at Grenfell tower.

Re: A Cool Billion ! Roll Up, Roll Up !

Anonymous Coward

You scrap the rules and then when it goes wrong you blame business for not meeting the standards you failed to define... winner, winner chicken dinner!

Re: A Cool Billion ! Roll Up, Roll Up !

Anonymous Coward

Post Brexit this has all been rationalised. Approved products must be UKCA marked. Or CE marked. Or UKNI marked. Much clearer. Less red tape.

Re: A Cool Billion ! Roll Up, Roll Up !

Anonymous Coward

Good. Lets get back to good old British red tape. Down with rouban rouge, bürokratie and nastro rosso. I plan to set up a new firm called 'Imperial Tape' immediately to import high quality 繁文缛节 from China, via my brother in law's brass plate in the Cayman Islands.

Re: A Cool Billion ! Roll Up, Roll Up !

H in The Hague

"... by scrapping onerous safety regulations"

Which has little to do with Brexit. On the whole, EU regs apply to products (ladders, safety glasses, machines, etc.). The safety stuff people complain most about (very occasionally with justification) generally has to do with safety at work, i.e. processes - which are mostly covered by national rather than EU law. On the whole, UK health and safety regs are stricter than those in other countries and possibly better observed and enforced.

Understand and navigate the UK regulatory regime

Warm Braw

I'm sure that's going to be made much easier by giving ministers unfettered powers to continually change the regulations at whim.

Re: Understand and navigate the UK regulatory regime

Anonymous Coward

It's what we voted for! Will O' The People! Bendy bananas all round! Where's my crown marked pint!

OK.

idiot taxpayer here again

Cards on the table. I voted leave. And I have to admit that I have not read the whole article. I stopped at genetic editing.

However, I did not vote to be able to buy and eat "Frankenstein" food. Yes I know growers have been "editing" for hundreds of years. I don't care because they seem to actually know what they are doing.

But, G.M. food is common in the great U.S.A. /s. As are huge real meat steaks and huge real fat waistlines. But I digress.

For example, have you ever tasted the shite known as "cheese" over there?

And, as we now have an American Prime Minister, I suppose freak foods will soon be sold.

Thank fuck I am old enough to wake up in a morning and be surprised that I have actually woken up...

Re: OK.

Doctor Syntax

However, I did not vote to be able to buy and eat "Frankenstein" food.

But you did. You voted to give HMG powers to remove any or all of the protections that the EU provided.

You should really have asked yourself what would be the point of a government seeking that power if they didn't intend to use it, why would they intend to use it other than removing regulations intended to protect the public, whether removing such protections would harm the public and whether you were, in fact, a member of that public.

You're obviously not alone in having failed to ask yourself those questions. If it were only yourselves lumbered with the consequences I wouldn't be concerned. Unfortunately the rest of us are also affected.

Re: OK.

Jellied Eel

Sometimes it's about the lesser evil. So the EU has it's own anti-GMO and other regulations like its anti-Marmite low salt directive. Or we're all meant to eat bugs instead of bacon. I suspect insect protein will soon get added to processed food if it works out cheaper than bulking it out with chicken or turkey protein. Whether it affects humans will get discovered later because it's a 'food additive', not a medicine.

So hopefully the UK can do it's own consumer protection. Then again, it's currently simplifying booze duty by changing wine from having 3 bands to 27. I guess that simplifies applying sin taxes to higher ABV stuff.

Re: OK.

Anonymous Coward

"I guess that simplifies applying sin taxes to higher ABV stuff."

Indeed. It's really simple for small distilleries now: They no longer ship to the EU. So no duty to pay. Winning!

Re: OK.

Anonymous Coward

Have a quick look at how much Tate & Lyle have been able to dictate the UK's food policy (from import tariffs to blocking big sugar awareness and reduction campaigns). Add to that foreign corporates such as Cargill that will use 55 Tufton Street front stores to funnel pressure and money to UK politicians to influence food policy.

I'm quite concerned that any new UK consumer protection regulation is not going to be about consumers but about producers. It's not as if consumers in the UK have any serious way to influence this as I doubt it's going to be a major issue a general election.

Re: OK.

codejunky

@idiot taxpayer here again

"However, I did not vote to be able to buy and eat "Frankenstein" food."

Yes you did. To be able to and to be forced are very different. Having choice isnt a bad thing.

Re: OK.

Anonymous Coward

As long as choice is real. Do not ever think that big, business wouldn't shaft you by taking away that choice. 'Oh no, it's so onerous having to list ingredients, let's remove that horrible burden on producers'

Re: OK.

codejunky

@AC

"As long as choice is real"

Well said

"Do not ever think that big, business wouldn't shaft you by taking away that choice"

Which is where competition as good regulation comes in. But for now our problem is big government taking away choice which needs to be rolled back.

Company get out of jail free clause?

Graham Cobb

The programme will also develop a tool for businesses, hosted on GOV.UK, that will help firms to identify the regulations that are relevant to them and understand what actions they need to take in response

So, will it be a defence in law in future that the gov.uk website didn't say that that regulation (safety, pollution, privacy, discrimination, labelling, reporting, ...) applied to this business?

Sure, regulations are often complex. And they often involve significant time and cost to comply with. And they may require employing experts. But those are for a reason. We all want regulations to be as simple as possible but no simpler . What will a government site explaining and simplifying them add except excuses for firms which take an unfair market advantage by ignoring the regulations that should apply to them?

Re: Company get out of jail free clause?

Marjolica

And this worked so well with CEST?

B (low) J (obs) 's worst nightmare writes...

xyz

Wish I was black, but can't have everything.

Anyhoo as a farmer, IT bod and Scot, everytime that gobshite opens his trap, all I know is someone is going to try and fuck me over at some point soon. Apart from the jam tomorrow and diversionality aspects all I can see is buzzword tech where little regulation exists, mates can see an opportunity and party on!

We all know this is crap from a bullshitter. Christ, he's beginning to make Trump look smart.

Re: B (low) J (obs) 's worst nightmare writes...

Anonymous Coward

Is your farm in Scotland? If so, then the gene-editing changes may not apply to you. "The Minister for Agri-Innovation and Climate Adaptation", Jo Churchill claimed that "scientists across England" would be able to benefit from it. I think agriculture is one of the ministries devolved to the Scottish and Welsh Parliaments.

We question most of the mantras around here periodically, in case
you hadn't noticed. :-)
-- Larry Wall in <199705101952.MAA00756@wall.org>