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Just because you can do it doesn’t mean you have to. It’s a warning that Conservative ministers will do well to be vigilant as they try to break EU rules after Brexit. The government plans to repeal EU rules that guarantee human confirmation of decisions made by computer algorithms. It also risks adding, not reducing the business burden.
Governments want to create “data dividends” to fuel innovation through artificial intelligence, among the areas that need to be nurtured. It is understandable to understand that the government is feeling pressure to show the benefits of Brexit, and that there are areas where the UK can scrap the Brussels rules in their favor. It’s not the right way.
Article 22 of the GDPR guarantees human review of algorithmic decisions in sensitive areas such as loan provision or solicitation. Giving it up would be foolish. The proposal, which comes after a lamentable (now on hold) plan to gather patient information from GP surgeries, is yet another attack on individuals’ data rights by a daring government in the necessary pandemic compromise on information sharing. Also, countries like China (actually the tech companies themselves) will also make the UK an outlier when they are moving towards increasing human oversight of algorithmic decision-making.
The UK is also considering disposing of cookies. A pop-up notifying Internet users that an advertiser is being tracked. Cookies can be annoying, but as cultural assistant Oliver Dowden claims, they aren’t “pointless” cookies because users can opt out of tracking. Information Commissioner Elizabeth Denham suggests that users only set their preferences once in the browser is much cleaner. However, this requires global cooperation.
Overall, the offer runs the risk of causing more hassle. If the rules for personal data differ too significantly from those in the EU, the block could cancel its February contract to allow a continuous flow of information through the channel, which would be catastrophic for businesses. In any case, for UK companies doing some kind of business in the EU, complying with a separate domestic regime seems uninnovative and cumbersome.
A similar problem is occurring in financial services. The lack of access consent means that politicians, regulators and the City of London are divided over how far the UK should deviate from EU rules. So far, the tinkerer is on the edge, focusing on insurance rules called Solvency II. Block-level insurance schemes have always been too blunt for the nature of the domestic market, but are also being considered in the EU. Some of the rules, known as risk margins, that insurers complain about are likely to be readjusted by leaving them with too much capital when interest rates are low, but the Bank of England is wary of allowing insurers to raise too much capital. .
Both industry and regulators agree to repeal EU bank bonus caps. Bankers clearly hate it and UK watchdogs are skeptical as they feel it increases fixed salaries and removes the discretion to withhold most remuneration in case of illegal activity.
But on the contrary, this is one of the areas that the government will not touch. Any argument for giving up the limits on banker bonuses would be politically damaging, especially in “blue wall” constituencies. As with the bonuses, ministers seem content to do nothing, even though Brexit can make EU rules worth repealing that can’t be expelled.
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