Consultation: Ofcom’s general policy on information gathering

As an evidence-based regulator, the ability to obtain information to inform our work is fundamental to our ability to deliver on our duties. This document sets out our proposed update to our general information gathering policy, which explains to stakeholders how we will exercise these powers.

We are required by the Communications Act 2003, Wireless Telegraphy Act 2006 and Postal Services Act 2011 to publish a statement of general policy on the exercise of our statutory information gathering powers.

Our existing policy on information gathering was published in March 2005. We consulted on changes in 2015 which led to significant adjustments in our practical processes including the establishment of the Information Registry, our dedicated team to deal with the coordination of our information gathering activities. Since 2005, we have also been given additional information gathering powers under legislation which requires us to publish a statement of general policy (including in relation to post and telecoms security). We consider now is an appropriate time to update our policy to reflect our new processes and additional powers.  

We have various other information gathering powers under other legislation where we are not required to publish a policy and we may choose to follow this policy when exercising those powers, where considered appropriate.

This policy will not apply where we have separately set out how we intend to exercise our information gathering powers under another regime. For example, we have published separate guidance in relation to our information gathering powers under the Network and Information Systems Regulations 2018 and do not therefore propose for this draft policy to apply to those powers. We also intend to consult shortly on separate standalone guidance on how we will exercise our new information gathering powers under the Online Safety Act 2023. We are not therefore proposing for this draft policy to apply to these new powers.

Responding to this consultation

Please submit responses by 5pm on 30 September 2024 using the response form.