To ask the Secretary of State for International Trade, what the effect is of the provisions in Article 8.84 of the UK-Japan Comprehensive Economic Partnership Agreement, prohibiting restrictions on cross-border data flows including personal data, on data protection in the UK.
Answered on
16 November 2020
The United Kingdom is committed to maintaining high standards of protection for personal data, including when it is transferred across borders. Data provisions in Free Trade Agreements including the UK-Japan Comprehensive Economic Partnership Agreement (CEPA) are separate but complementary to the United Kingdom’s adequacy process and international data protection frameworks.
Through CEPA, we have agreed to avoid unjustified restrictions on the free flow of data between the United Kingdom and Japan, and committed to maintaining a legal framework that provides for the protection of personal information. CEPA only addresses data flows between the United Kingdom and Japan and does not address onward transfers to other jurisdictions. The United Kingdom has not endorsed the Asia Pacific Economic Cooperation Cross Border Privacy Rules System (APEC CBPR).
Separately, the United Kingdom has preserved the effect of the EU's adequacy decision for Japan on a transitional basis. This does not permit the onward transfer of EU data using APEC CBPR.