P458 ‘Introducing Data Controller and Processor Obligations in the BSC for MHHS Testing’
Formal title: Introducing Data Controller and Data Processor Obligations in the BSC for Market-wide Half Hourly Settlement Testing
The purpose of this Modification is to address the need for personal information sharing in the Balancing and Settlement Code (BSC), specifically in the context of the Market-wide Half Hourly Settlement (MHHS) testing. The current BSC General Data Protection Regulation (GDPR) and data protection provisions were not designed to allow the sharing of personal information, which has now become necessary for the planned MHHS testing.
The upcoming MHHS systems integration testing requires the sharing of personal data. Consequently, more robust provisions in the BSC for sharing personal data, so as to enable all testing participants to share personal data within a consistent legal framework that complies with UK data protection laws, is required.
Currently, data processed under the BSC is not personal data as it is aggregated. Therefore, the BSC’s GDPR and data protection provisions are high level and lack the comprehensive guidelines required for handling and sharing personal data, including meter-level data. Failure to address this gap could lead to legal complications, delays in testing, potential penalties, and an inefficient and potentially impracticable process requiring individual data sharing agreements between MHHS and its participants. Thus, a Modification to the BSC is essential to ensure a smooth MHHS testing process and maintain legal compliance.
Parties are only impacted in that this Modification will enable data sharing as part of MHHS. No direct impacts are expected as a result of this Modification.