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  • International Workplace
  • 7 October 2020
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ICO launches consultation on draft statutory data protection guidance

The Information Commissioner's Office (ICO) has launched a public consultation on its draft Statutory guidance, which details how it will regulate and enforce data protection legislation in the UK.

Supporting the ICO’s primary responsibility of ensuring compliance with the law, the document explains the ICO’s powers, when it will use them, and how it calculates fines.

Designed to ensure the rights and freedoms of individuals are protected, the draft guidance also seeks to provide assurance to business that the ICO will use its powers proportionately and consistently.

Elizabeth Denham, Information Commissioner said:

“The primary role of my office is to protect the rights and freedoms of individuals in the digital age, and this draft guidance explains how my office will achieve this. It sets out our proportionate approach to regulatory action, yet details the robust action we will take against those that flout the law.”

A requirement of the Data Protection Act 2018, the draft Statutory guidance explains how the ICO will exercise its regulatory functions when issuing information notices, assessment notices, enforcement notices and penalty notices. It sits alongside the Regulatory action policy (RAP), which details how the ICO regulates the other pieces of legislation it covers. The RAP is currently under review.

The ICO has specific responsibilities set out in the Data Protection Act 2018, the General Data Protection Regulation (GDPR), the Freedom of Information Act 2000, Environmental Information Regulations 2004, Privacy and Electronic Communications Regulations 2003, amongst others.

The consultation will remain open until 5pm on Thursday 12 November 2020.