UK could lose right to share security and business data with EU after Brexit, minister admits

The UK is preparing to lose rights to share security and business data with the EU after Brexit is completed at the end of the year, a minister has admitted.

The flow of vital information will be cut off unless Brussels grants an “adequacy decision” – a process thrown into jeopardy by past legal judgements against Britain, critics fear.

The security minister, James Brokenshire, refused to reveal “what stage of the process” has been reached, with just six months until departure day in December.

But, he admitted to a parliamentary inquiry: “We will take sensible steps to prepare for a situation where that decision may not be in place.”

Alternative measures “might need to be pursued”, Mr Brokenshire said – prompting a demand to reveal the details of how the UK would be “protected”.

He insisted the government remained “positive” that agreement would be reached, saying: “It is self-evidently in the interests of both side that the adequacy decision is in place by the end of the year.”

But Dawn Primarolo, a Labour peer, pointed out that the EU had already declared the UK’s data-gathering methods “unlawful”, while the Home Office had breached rules on copying EU data.

“What stage of the European Union process has the UK reached and what does the government plan to do if adequacy is not awarded?”, she asked – demanding written evidence.

The focus in fears over data-sharing has been on the UK being at greater risk from terrorism and organised crime if it fails to strike a security deal.

New, inferior agreements would have to be struck with EU members, to replace membership of Europol, the European Arrest Warrant and the Schengen Information System database of suspects.

However, failing to reach an “adequacy decision” would also alarm companies faced with having to move part of their operations to the EU or risk losing business to rival firms on the Continent.

Mr Brokenshire’s admission comes after Brussels also raised the prospect of the go-ahead not being given in time, saying an assessment should have begun in February.

The process involves assessments by the European Commission and the European Data Protection Board, before approval can be granted by member states and the College of Commissioners.

In February, the European Parliament adopted a resolution stating the UK’s legal framework for data protection “does not currently meet the conditions for adequacy”.

Concerns were raised over the UK’s forwarding of personal data to other countries, the processing of personal data for immigration purposes, and the retention of electronic telecommunications data.

Giving evidence to the Lords EU security and justice sub-committee, Mr Brokenshire also admitted a clash over the EU’s insistence that the UK gives “adherence” to the European Court of Human Rights.

He argued the UK was fully committed to it, but could yet make changes to the Human Rights Act, which gives it legal force in this country.