Context
The ICO has announced that it has published an updated response to the Data (Use and Access) (DUA) Bill, which was introduced to Parliament on 24 October 2024. The Bill has now completed its passage through the House of Lords, where it has been subject to a number of amendments and significant debate. This response provides the Information Commissioner’s comments on the amendments that have been made in the House of Lords and on some key areas of the debate.
Key points to note and next actions
- The ICO welcomes the Bill as a positive package of reform that maintains high standards of data protection and protects people’s rights and freedoms.
- Overall, the Bill remains one which the ICO supports as improving the effectiveness of the data protection regime in the UK, upholding people’s rights, providing regulatory certainty and clarity for organisations and improving the way the ICO regulates.
- Under the heading ‘Data protection reform’, the ICO comments on the definition of scientific research, duties to protect children, the direct marketing ‘soft opt-in’ (as set out in Article 22 of the Privacy in Electronic Communications Regulations – PECR – allowing this to be extended to the charity sector), codes of practice, and automated decision making (ADM).
- Under the heading ‘Other provisions’, the ICO comments on web crawlers, deepfakes, andGovernment technical amendments (the ICO stating that it agreed with the technical amendments made).