1st April 2025
“In this edition of the Technology & Digital round-up we look at the ICO’s measures to drive economic growth, imminent new data legislation and significant guidance on migrating to post-quantum cryptography. This is followed by a selection of other interesting legal and non-legal tech stories from the past month.”
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Stop press! As we were about to publish this edition, the government announced details of the new Cyber Security and Resilience Bill which will be introduced to Parliament later this year. We’ll be covering it in detail in upcoming commentary.
We’ve heard a lot in recent months about the government’s growth agenda and the role that the various regulators are playing to support it.
The Information Commissioner’s Office recently announced a package of measures to drive economic growth. They include introducing a statutory code of practice for private and public sector businesses developing or deploying AI and new guidance on international data transfers. The Information Commissioner says that we’ll hear more in the coming months about exactly how the regulator plans to deliver on its commitments.
In related news, the Information Commissioner said in a recent speech that the ICO’s focus on AI and biometrics continues. Topics include foundation models, automated decision-making in recruitment and by government and how police forces use facial recognition technology. The ICO will closely scrutinise any proposed deployment of predictive profiling that could affect people’s rights.
The Data (Use and Access) Bill is expected to be ready this spring as it makes its way swiftly through the various legislative stages.
The Information Commissioner published an updated response to the Bill after it completed its passage through the House of Lords. Significant debate centres on the proposed reforms which would remove the current general restriction on automated decision-making with a legal or similarly significant effect. There’s concern in some circles that this and other provisions could affect the UK’s data adequacy status which was due for renewal in June. The European Commission has proposed extending the current adequacy decisions until December to allow the new Bill to be enacted in the meantime.
In other developments, the House of Commons Public Bill Committee voted to remove clauses covering transparency and compliance with UK copyright law by operators of web crawlers and general-purpose AI models. Major planned changes to AI copyright are the subject of a separate recent consultation discussed by our Head of Intellectual Property, Trade Marks & Designs Alan Harper in this recent briefing.
“After more than three years and two previous attempts, UK data reform is finally approaching the finishing line. While the changes to data protection law are fairly limited, it’s not surprising that we’re seeing debate on fundamental topical issues like AI and automated decision-making. We’ll be monitoring developments and reporting on the practical implications of the final version of the legislation. Watch this space.”
We’ve talked in a number of recent editions about the rise of quantum technologies and the importance of preparing for them. In a significant development, the UK’s National Cyber Security Centre has unveiled a roadmap for organisations to migrate to post-quantum cryptography to mitigate the threat from future quantum computers.
The guidance sets out a three-phase timeline for organisations to transition to quantum-resistant encryption methods by 2035. The NCSC says that, while the timelines are relevant to all organisations, its guidance is primarily aimed at technical decision-makers and risk owners of large organisations, operators of critical national infrastructure systems including industrial control systems, and companies that have bespoke IT.
“It’s really helpful to have some concrete guidance so that organisations can plan ahead for this change in a controlled way, minimising disruption to the business and helping to save costs in the long run. Organisations should read the guidance, seek assistance where appropriate, and start their preparation and planning now.”
If you have queries about any of the points covered in this edition of the Technology & Digital round-up, or need further advice or assistance, please get in touch with Sally, Nick, Andrew, Luke or one of our Technology & Digital experts.
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“It’s really positive to see the ICO talking about producing a code of practice on AI. Clear guidance on how data protection obligations interact with the development and use of AI tools will be crucial for businesses as they increasingly integrate this fast-evolving technology into their everyday operations.”
Sally Mewies, Partner and Head of Technology & Digital