The U.K.’s Information Commissioner’s Office (ICO) has responded to the U.K.’s Department for Digital, Culture, Media and Sport’s (DCMS) “Data: Unlimited” initiative.
There is a lot to unpack. Here is an analysis I wrote for OneTrust DataGuidance that may be helpful.
The current approach does not work for people or businesses and commitment to improving this is welcomed. The proposal to increase fines that can be imposed under PECR (which governs direct marketing) so they are the same level as those under the UK GDPR is welcomed. There are deep concerns about any clarification or changes to the data protection regime that removed the centrality of fairness in how people’s data is used. There are concerns about the proposal to remove the right to a human review of automated decision-making set out in Article 22 of the UK GDPR. The Government’s ambition to increase flows of data safely across jurisdictions, and the proposal to approach adequacy assessments with a focus on risk-based