United Kingdom: Adopted ICO guidance on application of data protection regulations to online content moderation processes

On 16 February 2024, the Information Commissioner's Office (ICO) adopted a guidance on how data protection law applies when using content moderation technologies and processes. The guidance is addressed to organisations that use or are considering using content moderation and the organisation required to moderate content based on the Online Safety Act (OSA). The guide provides practical advice to help comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). It also covers the processing of children's personal information in line with the Children's Code. The guidance includes information on assessing and mitigating data processing risks, ensuring fairness in personal information use and transparency in communication. It further provides information on data minimisation and retention, considerations for automated decision-making, and international data transfers.