March 16, 2020

The ICO notes the need for public bodies and health practitioners to be able to communicate directly with people when dealing with this type of health emergency.

The ICO explains that data protection and electronic communication laws do not stop Government, the NHS or any other health professionals from sending public health messages to people, either by phone, text or email as these messages are not direct marketing. Nor does it stop them using the latest technology to facilitate safe and speedy consultations and diagnoses. Public bodies may require additional collection and sharing of personal data to protect against serious threats to public health.

The ICO says that it is a “reasonable and pragmatic regulator”, that “does not operate in isolation from matters of serious public concern”. Regarding compliance with data protection, it will take into account the compelling public interest in the current health emergency.

The ICO says that the safety and security of the public remains its primary concern. The ICO can offer advice to make sure the law around data protection and direct marketing is clear. To read the ICO’s statement in full, click here.