ICO

19
Recommendations
63% accepted
Government Response
Accepted (1)Accepted in Part (11)Not Accepted (7)
Recommendations in This Theme

recommendation across 1 inquiry

Across 1 inquiry
Tagged Recommendations
19 total
L25 Not Accepted
Leveson Inquiry
ICO and Regulatory Membership
In any reconsideration of the powers of the Information Commissioner (or replacement body), power should be given to that body to determine that membership of a satisfactory regulatory body, which …
- Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive for publishers to join a recognised regulatory body, …
Information Commissioner
L48 Not Accepted
Leveson Inquiry
Section 32 DPA Amendment
The exemption in section 32 of the Data Protection Act 1998 should be amended so as to make it available only where: (a) the processing of data is necessary for …
- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …
UK Government
L49 Not Accepted
Leveson Inquiry
Narrow Section 32 Exemption Scope
The exemption in section 32 of the Data Protection Act 1998 should be narrowed in scope, so that it no longer allows, by itself, for exemption from: (a) the requirement …
- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …
UK Government
L50 Accepted
Leveson Inquiry
Compensation for Distress
It should be made clear that the right to compensation for distress conferred by section 13 of the Data Protection Act 1998 is not restricted to cases of pecuniary loss, …
- Section 13 of the Data Protection Act 1998, which had been interpreted as requiring pecuniary loss for compensation claims, was repealed when the Data …
UK Government
L52 Accepted in Part
Leveson Inquiry
ICO Balance of Public Interest
In conjunction with the repeal of those procedural provisions, consideration should be given to the desirability of including in the Data Protection Act 1998 a provision to the effect that, …
- The Data Protection Act 2018 includes provisions requiring regard to press freedom when exercising regulatory functions. Schedule 2, Part 5, paragraph 26(2) requires that …
UK Government
L53 Not Accepted
Leveson Inquiry
ICO Regard for Regulatory Membership
Specific provision should be made to the effect that, in considering the exercise of any of its powers in relation to the media or other publishers, the Information Commissioner's Office …
- The Data Protection Act 2018, Schedule 2, Part 5, paragraph 26(3) provides that when determining whether publication would be in the public interest, the …
UK Government
L54 Not Accepted
Leveson Inquiry
Bring into Force Section 55 Penalties
The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and …
- Section 77 of the Criminal Justice and Immigration Act 2008, which would have increased the maximum sentence for offences under section 55 of the …
UK Government
L55 Not Accepted
Leveson Inquiry
ICO Prosecution Powers Extension
The prosecution powers of the Information Commissioner should be extended to include any offence which also constitutes a breach of the data protection principles.
- Under the Data Protection Act 1998, the Information Commissioner's prosecution powers were limited to specific offences including section 55 (unlawful obtaining of data). The …
UK Government
L56 Accepted in Part
Leveson Inquiry
ICO Consult with CPS
A new duty should be introduced (whether formal or informal) for the Information Commissioner's Office to consult with the Crown Prosecution Service in relation to the exercise of its powers …
- The Data Protection Act 2018 does not include a formal statutory duty for the ICO to consult with the Crown Prosecution Service before exercising …
UK Government
L57 Not Accepted
Leveson Inquiry
Reconstitute ICO as Commission
The opportunity should be taken to consider amending the Data Protection Act 1998 formally to reconstitute the Information Commissioner's Office as an Information Commission, led by a Board of Commissioners …
- The Information Commissioner's Office was not formally reconstituted as an "Information Commission" led by a Board of Commissioners under the Data Protection Act 2018 …
UK Government
L58 Accepted in Part
Leveson Inquiry
ICO Policy on Press Regulation
The Information Commissioner's Office should take immediate steps to prepare, adopt and publish a policy on the exercise of its formal regulatory functions in order to ensure that the press …
- Section 124 of the Data Protection Act 2018 required the Information Commissioner to prepare a code of practice containing practical guidance on the processing …
Information Commissioner
L59 Accepted in Part
Leveson Inquiry
ICO Good Practice Guidelines
In discharge of its functions and duties to promote good practice in areas of public concern, the Information Commissioner's Office should take immediate steps, in consultation with the industry, to …
- Section 124 of the Data Protection Act 2018 required the Information Commissioner to prepare a code of practice on data protection and journalism, in …
Information Commissioner
L60 Accepted in Part
Leveson Inquiry
ICO Public Guidance
The Information Commissioner's Office should take steps to prepare and issue guidance to the public on their individual rights in relation to the obtaining and use by the press of …
- The ICO publishes general guidance for individuals on their data protection rights, including rights of access, rectification, and erasure under the UK GDPR (ICO, …
Information Commissioner
L61 Accepted in Part
Leveson Inquiry
ICO Advice for Data Subjects
In particular, the Information Commissioner's Office should take immediate steps to publish advice aimed at individuals (data subjects) concerned that their data have or may have been processed by the …
- The ICO publishes general guidance on making complaints about data protection breaches and on exercising individual rights under the UK GDPR (ICO, Make a …
Information Commissioner
L62 Accepted in Part
Leveson Inquiry
ICO Annual Report on Press
The Information Commissioner's Office, in the Annual Report to Parliament which it is required to make by virtue of section 52(1) of the Act, should include regular updates on the …
- The ICO publishes an Annual Report to Parliament each year as required by the Data Protection Act 2018 (ICO Annual Reports, ico.org.uk). - The …
Information Commissioner
L63 Accepted in Part
Leveson Inquiry
ICO Adopt DPP Guidelines
The Information Commissioner's Office should immediately adopt the Guidelines for Prosecutors on assessing the public interest in cases affecting the media, issued by the Director of Public Prosecutions in September …
- The Director of Public Prosecutions published Guidelines for Prosecutors on assessing the public interest in cases affecting the media in September 2012 (DPP Guidelines, …
Information Commissioner
L64 Accepted in Part
Leveson Inquiry
ICO Engage with Metropolitan Police
The Information Commissioner's Office should take immediate steps to engage with the Metropolitan Police on the preparation of a long-term strategy in relation to alleged media crime with a view …
- Operation Elveden, the Metropolitan Police investigation into alleged payments to public officials by journalists, concluded in 2016. The investigation resulted in 34 arrests and …
Information Commissioner
L65 Accepted in Part
Leveson Inquiry
ICO Specialist Knowledge Review
The Information Commissioner's Office should take the opportunity to review the availability to it of specialist legal and practical knowledge of the application of the data protection regime to the …
- The ICO has published guidance on data protection and journalism as required by section 124 of the Data Protection Act 2018 (ICO, Data protection …
Information Commissioner
L66 Accepted in Part
Leveson Inquiry
ICO Organisation Review
The Information Commissioner's Office should take the opportunity to review its organisation and decision-making processes to ensure that large-scale issues, with both strategic and operational dimensions (including the relationship between …
- The ICO has undergone organisational changes since the Leveson report, including the appointment of John Edwards as Information Commissioner in January 2022 (ICO, About …
Information Commissioner