ICO draft regulatory action policy (RAP) and statutory guidance – Law Society response

The proposals

The Information Commissioner’s Office (ICO) held a consultation seeking views on the:

• draft regulatory action policy (RAP) and statutory guidance
• statutory guidance on its Privacy and Electronic Communications Regulations (PECR) powers

These documents set out how the ICO aims to carry out its mission to uphold information rights for the UK public in the digital age.

Our view

We believe the ICO has succeeded to date in striking a balance between its core function of safeguarding the rights of individuals and its other obligations.

In addition, we:

• welcome the statement that the ICO does not seek legally privileged material but request for more detail on the:
  • relationship to the attorney general’s guidelines
  • steps taken to protect potentially privileged material
• support the proportionate approach the ICO outlines in deciding on cases to pursue
• emphasise the importance of the ICO’s role as an independent regulator, as well as the need for greater transparency:
  • on ICO governance
  • in how it ensures objectivity when evaluating cases

Next steps

The consultation closed on 24 March 2022. The ICO's response is expected by the end of 2022.

The ICO has said it will consider the responses it receives in drafting a new RAP and guidance to replace the existing documents.

New statutory guidance documents will be laid before parliament when approved by the secretary of state.

The new RAP will not require parliamentary approval.

Read the consultation on the ICO website