Model law

Data Protection Act 2018 (Amendment) Climate Data Bill

Mary's Law

An exemption to Data Protection rules in order to help fight climate change.

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Why use this?

Climate solutions, particularly those relating to transport, will require the pooling and processing of data relating to everyone in order to effect systematic change. Current data protection legislation creates important safeguards to sharing but this is often used as an excuse not to share data.

The existing rules on data sharing as well as the rights and freedoms of data subjects in the Data Protection Act 2018 are not changed by this model law.

The new model law anticipates that the ICO will confirm a public benefit assessment process for assessing when the solutions outweigh the rights and freedoms.

How it promotes a net zero future

The proposed legislation will accelerate the creation of green technologies such as smart mobility solutions.

This bill will allow new data insights and innovation that can be used to find solutions to climate change issues that wouldn’t otherwise be possible or that may be cost prohibitive.

The law

Data Protection Act 2018 (Amendment) Climate Data Bill 

A BILL TO

Amend the Data Protection Act 2018 to provide that personal data that is processed in order to further solutions to detect, analyse, prevent and mitigate climate change are exempt from certain parts of the act.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

  1. Amendment to Chapter 11 of the Data Protection Act 2018

Chapter 11 of the Data Protection Act 2018 shall be amended to include the following new exemption:

(15) Climate Change Solutions

(1) The listed provisions do not apply to personal data processed for –

(a) The prevention and detection of Climate Change issues,

(b) Climate Change analysis and forecasting,

(c) Climate Change solutions, or

(d) Climate Change mitigation.

to the extent that the application of those provisions would prevent or seriously impair the achievement of the purposes in question.

(2) The exemption in sub-paragraph (1) is available only where –

(a) The benefits to the public and the environment of the solutions and mitigation outweigh the safeguards for the rights and freedoms of data subjects; or

(b) The results of the analysis and forecasting are not made available in a form which identifies a data subject.

  1. Extent, commencement and short title

(1)  This Act extends to the whole of the United Kingdom.
(2)  This Act comes into force on the day on which it is passed.
(3)  This Act may be cited as the Data Protection Act 2018 (Amendment) (Climate Data) Act 2019.