Source · Select Committees · Culture, Media and Sport Committee
Recommendation 10
10
Rejected
Reject executive overreach by preventing ICO powers without full parliamentary oversight.
Conclusion
We agree that reforming the governance and accountability structures of the Information Commissioner’s Office will be a positive step. We have previously recommended against executive overreach in the case of Ofcom and the Online Safety Bill; these concerns apply with respect to the Information Commissioner’s Office and the Data Protection and Digital Information (No. 2) Bill. Powers to veto codes of practice and to set strategic priorities without parliamentary oversight should not be adopted. (Paragraph 78) Product security
Government Response Summary
The government rejects the conclusion, asserting that the reforms will enhance the ICO's accountability without undermining its independence, citing the Information Commissioner's agreement. It clarifies that the Strategic Statement of Priorities will be subject to parliamentary oversight and approval, ensuring accountability to Parliament.
Government Response
Rejected
HM Government
Rejected
We do not agree with this conclusion. The government is committed to maintaining the ICO’s independence, whilst also ensuring that it is equipped to regulate effectively. The Information Commissioner himself made clear in giving his evidence to the Public Bill Committee that he feels that our reforms are compatible with that. He stated “I do not believe it will undermine our independence at all. What I think it will do is to further enhance and promote our accountability, which is very important”. The SSP will ultimately be subject to parliamentary oversight, it must be laid before both Houses of Parliament and cannot be designated if either House resolves not to approve it. Balanced alongside the proposed reforms to the statutory codes, we have set out a broad range of reforms, including requirements for published impact assessments and consultation with panels of experts, to introduce greater accountability, robustness and transparency for the ICO. The expert panels the Bill requires the ICO to establish will help the ICO assess fast-evolving uses of data and new technologies at an early stage of the process of developing new codes of practice. We expect these reforms to ensure the ICO produces effective and helpful statutory codes to support data controllers in understanding their responsibilities in complying with the law. Connected tech: smart or sinister?: Government and Information Commissioner’s Office Response 9 The Statement of Strategic Priorities will contain the government’s strategic priorities for data protection and is a transparent way to provide this helpful context for the ICO. The ICO must take this Statement into account when carrying out its functions. A draft Statement will require parliamentary approval before it can be designated and the ICO will be accountable to Parliament, not the government, in its reporting on how it has considered the Statement.