5.3 Governance Model and Leadership

348. The government proposes that the ICO should deliver a more transparent and structured international strategy, as part of its accountability and transparency requirements.

349. The government also proposes to include, as part of the new framework of objectives and

duties, a new statutory objective for the ICO to consider the government's wider international priorities when prioritising and conducting its own international activities.

While the ICO’s responsibilities and powers with respect to transfer tools and regulatory cooperation are provided for under Articles 57 and 50 in the UK GDPR respectively, the proposed international objective would help the ICO prioritise its activities in light of its expanding remit in these areas following the UK's exit from the European Union.

350. These proposals align with the Plan for Digital Regulation and are guided by the principle of exploiting opportunities and addressing challenges in the international arena. This will ensure that the ICO is able to build international considerations from the start, taking account of the government's international obligations and the impacts of regulations developed by other nations.

The government welcomes views on the following questions:

Q5.2.12. To what extent do you agree with the proposal to require the ICO to deliver a more transparent and structured international strategy? ○ Strongly agree ○ Somewhat agree ○ Neither agree nor disagree ○ Somewhat disagree ○ Strongly disagree

Please explain your answer, and provide supporting evidence where possible.

Q5.2.13. To what extent do you agree with the proposal to include a new statutory objective for the ICO to consider the government's wider international priorities when conducting its international activities? ○ Strongly agree ○ Somewhat agree ○ Neither agree nor disagree ○ Somewhat disagree ○ Strongly disagree

Please explain your answer, and provide supporting evidence where possible.

5.3 Governance Model and Leadership

351. The ICO's governance and leadership model should be fit for purpose, suitable to its role and remit, and relevant to the rapidly evolving regulatory landscape. The ICO also needs the right governance structures in place to deliver its ongoing transformation programme, building the capability and processes necessary to regulate effectively in an increasingly data-driven world. It is crucial the ICO has the right expertise and skills at the top of the organisation to make this transformational change a success.

352. The ICO is currently structured as a 'corporation sole'; a single legal entity consisting of an incorporated office occupied by a single person. The powers and responsibilities of the ICO lie solely with the Information Commissioner. Most peer regulators of the ICO in the UK run a governance board model, including a separate, statutory independent board function which

provides direction to - and scrutiny of - the executive function of the organisation. In contrast, a corporation sole is run by the executive function, without a chair or statutory independent board. A corporation sole model makes the ICO an outlier for a large regulator with a broad and important remit. This model can lead to a lack of diversity, challenge and scrutiny that is critical to robust governance and decision-making.

353. To address the risks above, the government proposes to establish an independent board and a chief executive officer at the ICO. The board would be led by a chair with non-executive directors. The chief executive officer would have responsibility for the running of the organisation, while answering to the board.

354. The establishment of an independent chair and statutory board will formalise aspects of the ICO's existing governance arrangements. Some of the Information Commissioner’s responsibilities are already delegated to others - for example, the setting and oversight of the ICO’s strategic direction is delegated to the ICO Management Board, and administrative and regulatory leadership is delegated to its Executive Team. Despite the opportunity for some delegation in practice, the formal concentration of responsibilities and powers in a single individual means that there is still the potential for a lack of resilience and continuity in leadership at the ICO. Constituting a new governance model formally in legislation will create greater clarity and certainty, and allows for the appropriate public appointment processes by the government that are commonplace for UK regulators.

355. This model is considered best practice for regulators in the UK, such as Ofcom and the Financial Conduct Authority, and across OECD countries, delivering reliable decision-making owing to more collegiality, and a greater level of independence and integrity.

356. The role of UK Information Commissioner is recognised and valued both domestically and internationally. It is important to preserve this brand and reputation under the new model. The government intends for the title of 'Information Commissioner' to be attached to the role of chair under the new model.

The government welcomes views on the following question:

Q5.3.1. To what extent do you agree that the ICO would benefit from a new governance and leadership model, as set out above? ○ Strongly agree ○ Somewhat agree ○ Neither agree nor disagree ○ Somewhat disagree ○ Strongly disagree

Please explain your answer, and provide supporting evidence where possible.

Appointments processes

357. The current appointments process for the Information Commissioner is transparent and wellrespected, balancing the importance of the ICO’s independence with appropriate oversight by the government and Parliament.

358. The government proposes to appoint the chair by the same process as that currently set

out for the appointment of the Information Commissioner in the Data Protection Act 2018.

This means that the chair will be appointed by Her Majesty by Letters Patent, following a recommendation from the government based on merit, following a fair and open competition.

359. The government recognises the importance of having the right skills and experience in senior roles at the ICO. The current Public Appointment process for the Information Commissioner sets a valuable benchmark. The government proposes that the individual non-executive

members of the ICO's future board and its chief executive officer role will also be

appointed via the Public Appointment process. Government ministers are responsible and accountable to Parliament for public appointments and all appointments follow a recruitment process set out in the Governance Code for Public Appointments, regulated by the Commissioner for Public Appointments.

The government welcomes views on the following questions:

Q5.3.2. To what extent do you agree with the use of the Public Appointment process for the new chair of the ICO? ○ Strongly agree ○ Somewhat agree ○ Neither agree nor disagree ○ Somewhat disagree ○ Strongly disagree

Please explain your answer, and provide supporting evidence where possible.

Q.5.3.3. To what extent do you agree with the use of the Public Appointment process for the non-executive members of the ICO's board? ○ Strongly agree ○ Somewhat agree ○ Neither agree nor disagree ○ Somewhat disagree ○ Strongly disagree

Please explain your answer, and provide supporting evidence where possible.

Q5.3.4. To what extent do you agree with the use of the Public Appointment process for the new CEO of the ICO? ○ Strongly agree ○ Somewhat agree ○ Neither agree nor disagree ○ Somewhat disagree ○ Strongly disagree

Please explain your answer, and provide supporting evidence where possible.

360. Clarity and transparency around the scope and role of the ICO's future board, such as where key decisions are made and the delineation of responsibilities, should be set out in a corporate