ICO launches consultation on statutory 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.

Up for consultation are 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Designed to ensure the rights and freedoms of individuals are protected, the draft guidance also seeks to provide assurance to businesses that the regulator will use its powers proportionately and consistently.

Information commissioner Elizabeth Denham said: “The primary role of my office is to protect the rights and freedoms of individuals in the digital age, and this draft guidance explains how my office will achieve this.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A requirement of the Data Protection Act 2018, the draft guidance explains how the ICO will exercise its regulatory functions when issuing information notices; assessment notices; enforcement notices and penalty notices.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, which details how the ICO regulates the other pieces of legislation it covers. This is also currently under review.

The consultation will remain open until 12 November.

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