The changing ICO

Information Commissioner Christopher Graham used the launch of the ICO’s annual report to discuss the progress of data protection and a shifting legislative landscape.

The ICO celebrates its thirtieth year against a backdrop of legislative change and an evolving mission and the Information Commissioner Christopher Graham used the launch of the ICO’s annual report to discuss the progress of data protection and a shifting legislative landscape.

New powers for the ICO include: new powers include the compulsory auditing of NHS bodies and their data handling; the ability to prosecute employers carrying out “back door” criminal record checks; and law changes made in April that remove the legal threshold frustrating attempts to crack down on nuisance calls and texts. The Commissioner stressed that these changes would enhance the abilities of the ICO to build out wider scopes of investigation. .

DATA PRIVACY AS AN OPEN, FUNDAMENTAL RIGHT

Referring to a year of dramatic change, Graham said: “We’ve seen real developments in the laws we regulate…particularly over the past year. Just look at the EU Court of Justice ruling on Google search results, a case that could never have been envisaged when the data protection law was established," referring to the right to be forgotten ruling last year.

“Our role throughout has been to be the responsible regulator of these laws. More than that, we work to demystify some of this legislation, making clear that data protection isn’t to be seen as a hassle or a duck-out, but a fundamental right.”

NUISANCE CALLS AND TEXTS: ICO FLEXES ENFORCEMENT MUSCLES

The Commissioner also drew attention to the ICO’s vigorous pursuit of individuals and companies behind nuisance calls and text messages.

With more than 180,000 online reports logged in the 2014/15 period – a 12% jump on the previous year – the ICO has taken on more regulatory and punitive action than ever before.

The legislative changes made in April removed the need for the ICO to prove “substantial distress of damage” caused by nuisance calls and texts. Targeted prosecutions included: five civil monetary penalties relating to marketing calls and texts totalling £386,000; eight enforcement notices regarding future compliance; and action to monitor over thirty organisations and discuss measures to improve service with another seventeen.

TEN YEARS OF THE FREEDOM OF INFORMATION ACT

Concluding, Commissioner Graham spoke of the tenth anniversary of the Freedom of Information Act. Implemented in January 2005, the Act has changed how companies approach the publication of information. Graham said:

“It is striking to see how decisions that were so hard fought in the early years have resulted in routine publication of information. Publication of safety standards of different models of cars, for example; or hygiene standards in pubs and restaurants; and surgical performance records of hospital consultants. Publication is now expected and unexceptionable.”

“It’s been the ICO’s job to help public authorities to comply with requests…The ICO’s role has led to information being released that time and time again has delivered real benefits for the UK.”

The report is available in full here:

https://ico.org.uk/media/about-the-ico/documents/1431982/annual-report-2014-15.pdf