The Law Society welcomes the Data (Use and Access) Act but raises data protection concerns

The Law Society of England and Wales has welcomed the Data (Use and Access) Act 2025 but raised concerns over data protection, legal safeguards and adequacy.

The Data (Use and Access) Act 2025, which achieved Royal Assent last week, makes it easier to share information for public services like the National Health Service (NHS) and gives businesses better access to data to improve services and customer satisfaction.

However, checks and balances must be able to ensure privacy protections, especially about personal data, the Law Society warned.

The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, public interest and rule of law.

What is the Data (Use and Access) Act?

The Data (Use and Access) Act 2025 (formally called the Data Protection and Digital Information (No. 2) Bill) is a major UK legislative reform of the country’s data laws. It aims to modernize and streamline how data is accessed, used and regulated post-Brexit.

Key elements include smart data schemes, recognized legitimate interests, simplified subject access requests (SARs), automated decision-making (ADM), international data transfers and artificial intelligence (AI) and copyright transparency.

“The Data (Use and Access) Act 2025 gives organizations using personal information new and better opportunities to innovate and grow in the UK, and further enhances our ability to balance innovation and economic growth with strong protections for people’s rights,” said John Edwards, information commissioner. “Today we’ve published a catalogue of resources to help explain what this new legislation means for businesses.”

Over the coming months, the Information Commissioner’s Office (ICO) will launch new guidance, open consultations and provide practical tools to help embed the Act’s principles into everyday operations. “Our goal is to ensure that data can be used confidently and responsibly to deliver better services, drive economic growth and uphold public trust,” Edwards added.

Join us at All Access: AI, Data & Analytics!

The Law Society calls for greater clarity

The Law Society has called for more clarity around how AI and other tech companies can use copyrighted content without permission. The Law Society recently had the opportunity to respond to the government’s Copyright and AI consultation to address this issue. 

“The new Act affects the legal sector by updating rules around data compliance, privacy and data adequacy,” said Ian Jeffery, CEO of the Law Society. “The Act supports innovation but there must be safeguards and protections for using personal data and publicly available content.”

The government needs to ensure that the UK retains its EU data adequacy decision so that data continues to flow smoothly, Jeffery continued. “This is crucial to provide confidence to UK businesses, lawyers and clients and ensure that England and Wales remain the global jurisdiction of choice. 

Wider data considerations still to be debated, including copyright rules and AI regulation, should aim to protect and benefit the public, fairly balancing the interests of content creators and tech developers, Jeffery concluded.