UK Data Watchdog Seeks Help on How it Uses Powers

It’s rare when a regulator asks stakeholders and consumers for advice on how it monitors and enforces.

But that’s exactly what the Information Commissioner’s Office (ICO) is doing. The United Kingdom’s independent authority was founded to sustain information rights in the public interest, promote transparency by government agencies and data privacy for consumers.

Under the terms of the outreach, the public will have until March 24 to provide recommendations about the agency’s direction and focus on the organizations it regulates.

The ICO’s Regulatory Action Policy (RAP) is designed to update policy and establish the regulator’s direction. It is intended to reinforce the agency’s commitment to a balanced and risk-based approach to enforcement and explain the considered before taking regulatory action. They can include fines, stop-processing orders or compulsory audits.

It also sets out how the ICO promotes best practice and ensures compliance as well as how it works with other regulators. The RAP covers 11 pieces of legislation that the ICO is responsible for including the United Kingdom General Data Protection Regulation (GDPR), the data privacy law that governs the processing of personal data from individuals, Data Protection Act 2018, Freedom of Information Act and the Privacy and Electronic Communications regulations.

The public is being asked to offer advice on the statutory guidance of its regulatory action. It governs how the ICO uses its statutory powers to enforce the data protection legislation relating to electronic communications such as nuisance calls, emails and texts. The guidance focusses on the ICO’s powers to issue fines for data protection.

“Information rights have never been more important or impactful,” said Chief Regulatory Officer James Dipple-Johnstone in a statement. “We are focused on promoting best practice and compliance but, where it is necessary, we will exercise a fair and proportionate approach to enforcement action.”

More information about the documents and how to provide feedback can be found here.