Question to the Home Office:

To ask His Majesty's Government when they expect the Information Commissioner's Office to publish guidance on international transfers of personal data for law enforcement purposes under Part 3 of the Data Protection Act 2018, as amended by the Data (Use and Access) Act 2025.

The Information Commission has been reviewing all its guidance following the Data (Use and Access) Act 2025 coming into effect. The chapter on international transfers which sits within the existing Guide to Law Enforcement Processing has been a part of that process. We expect the updated chapter to be published before the end of 2026.

There is a formal requirement for organisations to consult with the Information Commission pursuant to Section 65(2) of the Data Protection Act 2018 or Article 36(1) of the UK GDPR in relation to high risks identified in a Data Protection Impact Assessment. We understand that a consultation was made. The Information Commission has, in addition, engaged informally with law enforcement authorities on issues relating to the use of cloud services for law enforcement processing.