LGSS Law

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Information Commissioner consults on draft statutory guidance for publication after Brexit

The Information Commissioner's Office (ICO) has launched a public consultation on its draft statutory guidance, which details how it will regulate and enforce data protection legislation in the UK.

A requirement of the Data Protection Act 2018, the draft statutory guidance explains how the ICO will exercise its regulatory functions when issuing: information notices; assessment notices; enforcement notices and penalty notices.

It sits alongside the Regulatory action policy (RAP), which details how the ICO regulates the other pieces of legislation it covers. The RAP is currently under review.

The ICO said it would publish this updated guidance after the UK has left the EU and it had therefore drafted it accordingly.

Elizabeth Denham, Information Commissioner said: “The primary role of my office is to protect the rights and freedoms of individuals in the digital age, and this draft guidance explains how my office will achieve this.

“It sets out our proportionate approach to regulatory action, yet details the robust action we will take against those that flout the law”.

The consultation on the updated guidance will remain open until 5pm on Thursday 12 November 2020.

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