The ICO has responded to the updated Data Protection and Digital Information Bill (the Bill), in particular, the Government’s late-stage amendments to the same.
Mr Edwards confirmed that he still supports the Bill overall but did have some issues with the updated version. Mr Edwards stated “I am pleased to note that government made some changes at the House of Commons Committee Stage in response to my comments, namely the definition of vexatious requests to my office and the drafting of the changes to the safeguards for processing for research purposes. However, I note that the majority of my comments currently remain unaddressed, and I would particularly like to see government give further consideration to my views on defining high risk processing.”
Mr Edwards was particularly critical of the amendments relating to the proposal to grant the Department for Work and Pension power to perform regular checks on the bank accounts of benefit claimants (in addition to existing powers relating to the investigation of fraud) stating that “the law must be sufficiently clear to give individuals an adequate indication of the conditions and circumstances in which the authorities can use measures they are empowered to deploy which affect their rights, in this case issuing account information notices. It must also be subject to adequate safeguards to protect individuals against arbitrary interference with their rights.”
Whilst Mr Edwards acknowledged that the measure has a legitimate aim (the prevention of fraud), he is not convinced that it is proportionate based on the evidence he has seen.
You can find the full statement here.
If you would like advice on how the Bill might affect your organisation, please get in touch with your usual contact or email hello@hellodpo.com
