What is the Information Commission's call for evidence on agentic AI?

The Information Commission (still known as the ICO) opened a call for evidence on agentic AI on 8 October 2026. Its consultation page says the call will stay open until the end of 20 November 2026, and that the evidence will inform its thinking on how to apply data protection law to the distinctive capabilities and risks of agentic AI.

Published . Operational guidance, not legal advice.

Who is the call aimed at?

The ICO's news release of 8 October 2026 says, "We have today launched a six-week call for evidence, seeking views from developers, deployers and other experts on how organisations are managing the data protection risks of agentic AI." It describes AI agents as capable of completing tasks, using tools and interacting with websites, often with limited human oversight.

What topics does the call cover?

After a section about the respondent, the consultation page lists six sections of questions, in its own capitalisation: Data Security, Transparency, Accountability, Automated Decision Making (ADM), Fairness and purpose limitations, and Lawfulness of Processing. A final section asks additional questions.

How does the regulator say it will use the evidence?

The news release says the evidence will inform the regulator's future guidance. It adds, "It will also support the development of our forthcoming statutory code of practice on AI and automated decision-making." Richard Nevinson, Director of Technology Regulation at the ICO, said, "Our message is clear: the fact AI agents act with autonomy is not an excuse for poor compliance."

What does the consultation page say about publishing responses?

The consultation page says, "For this consultation, depending on your preference, we may publish responses received from organisations in full or publish a summary of responses." It asks respondents not to include anything they would not be content for the regulator to make public, and says it will consider any freedom of information request under the relevant legislation.

Where can I read the call?

The call and the response survey are on the regulator's consultation page at ico.org.uk/AgenticAI. On late responses, the page says, "We may not consider responses received after this deadline."

Margo Legal is not a law firm and does not give legal advice. This page summarises the regulator's own published material as at 27 October 2026.

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