ICO News

The Information Commissioner's Office (ICO) and Ofcom have set out how we will work together to ensure coherence between the data protection and the new online safety regimes.

Our joint statement builds on our existing cooperative approach to regulation - and on our close working relationship established as co-founders of the Digital Regulation Cooperation Forum.

In anticipation of Ofcom taking on new duties in 2023 under the Online Safety Bill, the statement sets out our shared regulatory aims. We want:

• people who use online services to have confidence that their safety and privacy will be upheld and that we will take prompt and effective action when providers fail in their obligations; and

• providers of online services of all sizes to comply with their obligations and to continue to innovate and grow, supported by regulatory clarity and free from undue burden.

To achieve this, the ICO and Ofcom will work closely together to achieve maximum alignment and consistency between the data protection and online safety regimes. We will:

• maximise coherence by ensuring our policies are consistent with each other's regulatory requirements -- and consult closely when preparing codes and guidance. We will seek solutions that enhance users' safety and preserve their privacy. Where there are tensions between privacy and safety objectives, we will provide clarity on how compliance can be achieved with both regimes; and

• promote compliance by setting clear expectations for industry on what they must do to meet both their online safety and data protection requirements. That includes particular support through the transition for small and emerging firms to help them thrive and grow. We will take action against services that don't meet their obligations, sharing information and intelligence as appropriate and coordinating approaches to enforcement.

Internet censors of the Information Commissioner's Office has been called on to implement  a full-scale probe into how the online betting industry is exploiting new technology to profile and target gamblers.

The move follows a complaint by  the campiagn group Clean Up Gambling. It alleges that Sky Bet and its partners are creating detailed behavioural profiles of customers and sharing thousands of data points with dozens of third parties.

Clean Up Gambling alleges that one advertising partner, Signal, owned by TransUnion, has a dossier of 186 attributes for an individual, including their propensity to gamble, their favourite games and their susceptibility to specific types of marketing.

TransUnion said it assists gambling companies in preventing fraud, confirming age and identity, checking affordability and protecting vulnerable customers, to support responsible gambling.

CEASE (Centre to End All Sexual Exploitation) is a new morality group campaigning against porn and sex work in the UK.

The group was founded in 2019 and describes itself on its website:

We shine a light on what sexual exploitation is, where it occurs and how it contravenes our human rights. We campaign for new and better laws, advocate for policy change and hold the global sex industry to account.

We're building a UK-wide movement of campaigners against sexual exploitation, and we're amplifying the voices of the very best advocates for change: survivors.

Its latest cunning plan is to hold the Information Commissioners Office (the UK data protection censor) as responsible for failing to prevent the world's porn sites from obtaining usage data from under 18s. The group writes on its website:

We are threatening to take legal action against the Information Commissioner's Office (ICO) for failing to protect children's data from misuse by porn sites.

The excuses the ICO has given for its failure to fulfil its regulatory duties are legally and factually flawed. What's more, it has left children exposed to a profit-hungry industry which is intent on drawing children back again and again to watch violent and abusive pornographic material for its own financial gain.

The group quotes long time porn campaigner John Carr:

I was shocked and dismayed by the Information Commissioner's reply to me in which they refused to act against porn sites which were collecting and processing children's data on a large scale. If the data protection laws weren't designed to protect children ... I am sure a lot of parents will wonder just what they were designed to do.