ICO opens public consultation on its Regulatory Action Policy

6. January 2022

On December 20th, 2021, the UK Information Commissioner’s Office (ICO) launched a public consultation on its regulatory approach.

The public consultation is aimed at three separate documents which are the basis of the ICO’s regulatory process. The documents are the Regulatory Action Policy (RAP), the Statutory Guidance on the ICO’s Regulatory Action, and Statutory Guidance on the ICO’s PECR Powers.

The RAP in particular identifies the ICO’s risk-based approach to regulatory action and explains the factors that play a role in the ICO’s consideration before taking regulatory action. It also sets forth how the ICO cooperates with other regulators and enforces the legislation for which it is responsible.

In conjunction, the three documents illustrate how the ICO aims to enforce information rights for data subjects in the UK.

The ICO indicated that the purpose for updating these documents was to provide further explanation about its regulatory powers. It aims to give the public a chance to their views on the approach the Commissioner should take with regards to the regulatory approach of his office.

The public consultation period will conclude on March 24, 2022.