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Judith Rauhofer co-authors new Commonwealth Model Law on Data Protection

Tue 3 November 2020

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Judith Rauhofer, Associate Director of the SCRIPT Centre, was one of two academics responsible for drafting the revised Commonwealth Model Provisions on Data Protection.

The project was led by Edinburgh Innovation with a small team comprising Ms Rauhofer and Dr Orla Lynskey, an Associate Professor of Law at the London School of Economics and Political Science. The new Model Provisions were developed in collaboration with an Expert Working Group consisting of representatives from all Commonwealth countries. The work followed on from a 2019 comparative review of the existing Commonwealth Model Privacy Bill (2002) and the Model Bill on the Protection of Personal Information (2005).

In line with other international data protection instruments like the GDPR, the Council of Europe Convention 108+ and the OECD Privacy Guidelines, the new Commonwealth Model Provisions embody core principles of data protection and provide for rights of data subjects, rules on cross-border transfers of personal data, independent oversight and effective sanctions and remedies. They will provide Commonwealth countries with a useful template for adopting national data protection laws that ensure a high level of protection while facilitating the free flow of personal data that is necessary to support international trade and economic development.

The new Model Provisions, with commentary, will be presented to Commonwealth Law Ministers for endorsement as a Commonwealth Model Law at their next ministerial meeting, scheduled to take place in late 2021, and will be published shortly thereafter.

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