The Information Commissioner's Office (ICO) has responded to the Department of Business and Trade's call for written evidence for the Digital Markets, Competition and Consumers Bill.
The ICO explains that while many reforms the Bill introduces will support positive data protection and competition outcomes for the public, clause 106(3) will likely complicate the application of a consultation duty between the Competition and Markets Authority (CMA) and ICO. In its current wording, the clause requires the CMA to consult the ICO where the performance of its regulatory digital markets function "is likely to have a material adverse effect on the ability of the Information Commissioner" to perform its regulatory functions. The ICO believes that CMA is not qualified to make the relevant conclusions. Instead, the ICO recommends the CMA consult the ICO when it "considers there is likely to be an effect on the ability of the Information Commissioner to exercise functions," which would remove the uncertainty proposed in the current drafting.
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