The Information Commissioner, Elizabeth Denham, has published a blog post on the conclusion of the ICO’s investigation into the use of personal data in political campaigning. In the blog, Ms Denham describes how the ICO “analysed an entire ecosystem” in its investigation, including looking at data analytic companies, platforms, political parties and data brokers, and then sought to make changes to how people’s personal information was being used. Ms Denham says that the ICO used its full range of powers, including advice and audits, enforcement and prosecution.

As a result, the ICO issued fines to Vote Leave, Leave.EU, Emma’s Diary and Facebook, the latter given the maximum financial penalty the ICO could levy under the law of the time. Had Cambridge Analytica continued trading, Ms Denham says that the ICO would also have looked to act against their poor data practices.

Ms Denham says that the ICO has now completed its main remaining lines of enquiry as far as the available evidence took it. This included analysis of materials obtained during the investigation and those seized under warrant. To conclude the investigation, the ICO provided information to Parliament setting out the regulator’s findings and action taken since April 2019.

Ms Denham says that the ICO’s work, alongside that of others, “has effected change” resulting in improvements within the ICO on how it approaches digital investigations, as well as strengthened co-operation between privacy and election oversight structures, and between data protection authorities internationally.

Ms Denham also says that the investigation has had an impact internationally, as other regulators and parliamentarians looked to protect their democratic processes, and technology platforms re-evaluated their role in political advertising.

In addition, the ICO’s work has led to greater awareness among policymakers of the risks of data misuse, and improvements to data handling across the political parties in the UK.

Ms Denham says that although the investigation has concluded, the ICO’s work in this area has not ended. It will shortly be publishing a report of its audits of the main political parties and it continues to work with the main credit reference agencies, major data brokers and the university sector. The ICO will also be updating its guidance on political campaigning later this year. To read the blog post in full and for a link to the information provided to Parliament, click here.