ICO’s New Data Sharing Code of Practice is laid before Parliament


On May 18, 2021, the ICO’s code of conduct for data exchange was presented to parliament.

The final version of the Code was published on December 17, 2020 after a public consultation in 2019 (see our summary here).

The new code is a legal code of conduct that the ICO must publish in accordance with the Data Protection Act 2018. The ICO must also take the new code into account when examining whether an organization has complied with the Data Protection Act when exchanging personal data.

The new code replaces the previous ICO data exchange code from 2011, which was published in connection with the Data Protection Act 1998. The new code deals mainly with the exchange of data by data controllers and with guidance on the fair, lawful and in accordance with the data protection code principle of accountability.

The new code will now be before Parliament 40 session days before it comes into force.

In addition to the Code, the ICO has published additional resources on its data exchange information center.

“The new data sharing code is designed to give businesses and organizations the confidence to share data in a fair, secure, and transparent manner, and to dispel many of the remaining myths about data sharing. The Code guides companies through the practical steps they must take to share data while protecting people’s privacy.

“The exchange of data that creates trust in the use of personal data is a motor for innovation, economic growth and the provision of more efficient and targeted services. Beyond the immediate COVID-19 crisis, data sharing will be central to the UK’s recovery.

“As part of our ongoing work to remove perceived barriers to data sharing, the ICO will continue to work with organizations and other stakeholders to provide them with a better understanding of how to appropriately share information.”