On December 20, 2021, the UK Information Commissioner’s Office (“ICO”) launched a public consultation on its regulatory approach. The consultation involves three separate documents – the ICO’s Regulatory Action Policy (“RAP”), Statutory Guidance on the ICO’s Regulatory Action, and Statutory Guidance on the ICO’s PECR Powers. The RAP sets forth the ICO’s risk-based approach to regulatory action and explains the factors the ICO considers before taking regulatory action, how the ICO works with other regulators, and enforces the legislation for which it is responsible. Together, the three documents illustrate how the ICO aims to enforce information rights for data subjects in the UK.

The ICO consulted on its statutory guidance in 2020, and is once again providing consultation on these documents alongside the RAP. The ICO indicated that the purpose for updating these documents was to provide further explanation about its regulatory powers.

The ICO’s public consultation will conclude on March 24, 2022.

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