ICO consults on guidance on Data (Use and Access) Act 2025

The ICO has issued 2 sets of draft guidance for consultation.

The first set of guidance relates to recognised legitimate interests and covers:

  • What the basis is – including a definition, plus the benefits of using the basis and the difference between recognised and non-recognised legitimate interests
  • When it can be used – discussing different types of data as well as data sharing and automated decision making
  • An overview of the conditions – crime, safeguarding, national and public security and defence, public task
  • Other considerations – e.g. transparency and objections

The second piece of guidance relates to data protection complaints and covers how to prepare for them and how to deal with them as well as how the ICO deals with complaints.

The draft guidance can be found here.

The consultation is open until 30 October 2025.

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