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On 15 April 2020 the ICO published a statement on its regulatory approach during the coronavirus pandemic. Recognising that operational and financial pressures caused by the coronavirus may impact organisations’ ability to fully comply with aspects of data protection laws, the ICO has stated it intends to apply an empathetic, “flexible and pragmatic” approach in its enforcement of data protection laws during the crisis, as well as any enforcement under the Freedom of Information Act…

On March 2, 2020, the Information Commissioner’s Office (ICO) issued a lead generator, CRDNN Limited (CRDNN), with a maximum £500,000 fine under the Privacy and Electronic Communications Regulations 2003 (PECR) for making more than 193 million automated nuisance calls.  The full monetary penalty notice can be viewed here. What happened? CRDNN first came to the ICO’s attention due to a significant number of complaints from subscribers regarding large volumes of unsolicited marketing calls marketing a number of…

On February 19, 2020 the ICO published its draft guidance on the AI auditing framework for public consultation, which is open until April 1, 2020. We have summarised the key themes below. What is the draft guidance? The draft guidance, which runs to over 100 pages, provides advice and recommendations on how to understand data protection law in relation to artificial intelligence. It clarifies how to assess the data protection risks posed by AI and…

On January 8, 2020 the ICO published its draft Direct Marketing Code of Practice for public consultation, which is open until 4 March 2020. We are summarized the status of the draft code, the key areas which are new compared to the ICO’s current direct marketing guidance, and the next steps. What is the draft code and its status? The Information Commissioner is required to publish a statutory direct marketing code under the Data Protection…

On January 17, 2020, the ICO published a blog post entitled “Adtech – the reform of real time bidding has started and will continue”, which provides an update on key industry changes in relation to Real Time Bidding and the ICO’s approach going forward to the issues identified in its June 2019 report.   We previously summarized the key points from the June 2019 report here, as well as an update from the ICO on…

On December 20, the ICO’s Executive Director for Technology and Innovation, Simon McDougall, published a blogpost entitled Adtech and the data protection debate – where next?. It marks six months since the ICO’s Update report into adtech and realtime bidding. What does the blogpost say? The blogpost summarises the ICO’s engagement with the adtech industry over the past six months, including the follow-up to its Fact-Finding Forum attended by industry stakeholders. The ICO’s conclusion is…

On 3 July 2019 the ICO published its new Guidance on the use of cookies and similar technologies (Guidance) which replaces the previous guidance on cookies (last updated in May 2012) and complements the ICO’s guidance on cookies in its Guide to PECR .Why has the ICO published new guidance now?Currently, the use of cookies is subject to two overlapping regimes: the Privacy and Electronic Communications Regulations (PECR), which implement the e-Privacy Directive in the…