As 2019 comes to a close, we would like to share some recent ICO updates with you…
ICO Consultations – Subject Access and Artificial Intelligence (AI)
The ICO have recently launched consultations on guidance in two key areas of data protection – subject access requests and the use of artificial intelligence involving personal data.
The right of access to personal data is a core right under GDPR and a major source of complaints to the ICO so getting processes and responses right is vital. This is a chance to read the draft document and input into the guidance that the ICO will likely refer to in the event of any complaints they receive.
Artificial intelligence (AI)
AI is an area that is high on the ICO’s agenda at the moment. As their blog states, “ICO research shows that over 50% of people are concerned about machines making complex automated decisions about them” so again making sure the use of personal data in AI systems is fair, lawful, transparent and does not result in harm or discrimination to a group of people is not only pivotal to complying with GDPR but also in protecting fundamental human rights. If you are involved in the development or use of AI models, this is an opportunity to contribute to an important piece of guidance.
The artificial intelligence consultation closes on 24th January and the subject access consultation closes on 12th February.
ICO Going After Data Protection Fee
The Data Protection Fee is an important source of income for the ICO and they have just started a campaign of writing to all registered companies in the UK reminding them of their responsibility to at least assess whether they are required to register and make a payment. The fee ranges between £40 and £2900 on an annual basis, depending on your organisation’s size and turnover.
Between 1 July and 30 September 2019, the ICO issued 340 monetary penalties to organisations that had not paid the Data Protection Fee – so this is one area where they are serious about enforcement. The penalties range from £400 to £4000 and a list of offending organisations is published.
If you are unsure whether you need to pay, use the ICO’s online self-assessment tool and, if you are still not clear, please speak to us for assistance!