The U.K. Information Commissioner’s Office (ICO) issued a press release yesterday calling on companies to undergo more data protection audits.  (Currently, only some public sector entities in the UK can be made to undergo audits — the ICO can effectively only request to audit a private sector company).  The ICO issued the “warning” after releasing new figures that show that the private sector was responsible for almost a third of all data breaches in 2010/2011, and that only 19% of private sector organisations voluntarily accepted to undergo audits by the ICO (compared to 71% in the public sector).  The Information Commissioner Christopher Graham proceeded to single out lenders and direct marketing companies as the worst culprits, saying that “many of them are still resisting our offer to undergo audits.”

The ICO also released new figures about the progress of such audits, which show that the ICO performed 26 audits in 2010/2011 — a 60% increase on the previous year.  The figures also reveal that over 90% of ICO recommendations were acted upon following an audit.

Additionally, the ICO released its full Annual Report and held an online webcast and Q & A session on its annual performance.  While further questions can still be submitted, one colourful answer by the Commissioner regarding the new cookie rules (see our previous posts here, here and here) has already been published:  “Website operators”, he said, “[should] take their ‘consent’ obligations seriously under the Privacy and Electronic Communications Regulations — because I’ll be after them if they don’t.”

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Photo of Mark Young Mark Young

Mark Young is an experienced tech regulatory lawyer and a vice-chair of Covington’s Data Privacy and Cybersecurity Practice Group. He advises major global companies on their most challenging data privacy compliance matters and investigations. Mark also leads on EMEA cybersecurity matters at the…

Mark Young is an experienced tech regulatory lawyer and a vice-chair of Covington’s Data Privacy and Cybersecurity Practice Group. He advises major global companies on their most challenging data privacy compliance matters and investigations. Mark also leads on EMEA cybersecurity matters at the firm. In these contexts, he has worked closely with some of the world’s leading technology and life sciences companies and other multinationals.

Mark has been recognized for several years in Chambers UK as “a trusted adviser – practical, results-oriented and an expert in the field;” “fast, thorough and responsive;” “extremely pragmatic in advice on risk;” “provides thoughtful, strategic guidance and is a pleasure to work with;” has “great insight into the regulators;” and “is technologically sophisticated and advises on true issues of first impression, particularly in the field of AI.”

Drawing on over 20 years of experience, Mark specializes in:

Providing practical guidance and advising on potential exposure under GDPR and international data privacy laws in relation to innovative products and services.
Handling complex regulatory investigations and enforcement actions involving data privacy regulators in the UK, EU and globally, and advising on follow-on litigation risk.
Helping clients respond to cybersecurity incidents, including ransomware, supply chain incidents, state-sponsored attacks, insider threats, personal data breaches, and IP and trade secret theft.
Advising various clients on the EU NIS2 Directive, Cyber Resilience Act (CRA), and other emerging EU, UK, and global cybersecurity laws and regulations.
Advising life sciences companies on industry-specific data privacy issues, including clinical trials, pharmacovigilance, and digital health products and services.
Advising on data privacy compliance in relation to employees and international transfers of data in connection with white collar investigations.
Providing strategic advice and advocacy on a range of UK and EU technology law reform issues relating to data privacy, cybersecurity, eIDs, and software.
Representing clients in connection with references to the Court of Justice of the EU.