ICO and DCMS sign MoU on assessing adequacy

The ICO and the Department of Digital, Culture, Media and Sport (DCMS) have issued a Memorandum of Understanding about the process of issuing new adequacy decisions.

While the Secretary of State can make these assessments, they require consultation with the Information Commissioner’s Office. However, the Secretary of State is not bound by the ICO’s views.

A joint statement says:

“Data transfers are vitally important to global economies and societies and through the granting of adequacy we will reduce barriers to transferring personal data internationally, while also ensuring that data continues to be safeguarded by high data protection standards.”

“Assessing the adequacy of countries will be complex, requiring a robust process that can draw on information and expertise from a range of stakeholders. As part of this process, the Secretary of State and the Information Commissioner have agreed a Memorandum of Understanding that recognises the roles and responsibilities of the two parties in carrying out adequacy assessment work.”

“This document will ensure the ICO’s position as an independent regulator is not impacted by its role in adequacy assessments while setting out key principles that will continue our strong working relationship.””

See: ICO - Memorandum of Understanding on the role of the ICO in relation to the new UK adequacy assessments

Read UK Minister for Media and Data John Whittingdale’s article about UK’s approach to international data transfers in the March edition of PL&B UK Report (available also to non-subscribers).