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UK: ICO publishes guidance on TRAs for international data transfers
The Information Commissioner's Office ('ICO') announced, on 17 November 2022, in a blog post, that it had published an update to its guidance on international transfers to include a new section on transfer risk assessments ('TRAs') and a new TRA tool. In particular, the ICO stated that the dedicated section on TRAs clarifies an alternative approach to the one put forward by the European Data Protection Board ('EDPB'), where the ICO has aimed to find an alternative, achievable approach to delivering the right protection for the data subjects, whilst ensuring that the assessment is reasonable and proportionate. Furthermore, the ICO noted that the new TRA tool incorporates six questions, with guidance and tables to help organisations work through it, whereby an initial risk level is given for categories of data, and focus is placed on whether the transfer significantly increases the risk of either a privacy or other human rights breach.
Notably, the ICO highlighted that it is working on guidance showing organisations how to use the International Data Transfer Agreement ('IDTA') and the Addendum to the EU Standard Contractual Clauses, including clause-by-clause guidance.
You can read the blog post here and access the TRA guidance and tool here.
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