Select an area of expertise to find out more about our experience.
Find out more about our barristers and business support teams here.
Select an area of expertise to find out more about our experience.
Find out more about our barristers and business support teams here.
If asked to think of ‘private investigators’, you are likely to bring to mind Philip Marlowe or Sam Spade – the protagonists of Raymond Chandler and Dashiell Hammett’s novels, portrayed most famously by Humphrey Bogart. You may even think of less glamourous characters, such as those engaged by tabloid newspapers to pry into the private lives of the rich and famous. It is unlikely you would think of private investigators as being at the vanguard of data protection, however this might be unfair because the Information Commissioner’s Office has recently approved and published the first sector-owned code of conduct for the Association of British Investigators (ABI).
Under article 40 of the UK GDPR, organisations may create codes of conduct that identify and address data protection issues that are important to their sector, such as fair and transparent processing, pseudonymisation or the exercise of people’s rights. They are a good way of developing sector-specific guidelines to help with compliance with the UK GDPR. Crucially, they are developed with assistance and input from the ICO.
Paragraph 1.3 of the ABI code explains:
“The purpose of the Code is to enable Code Members (as defined below) to demonstrate the satisfactory working knowledge of and compliance with specific areas of Data Protection Law in the provision of Investigative & Litigation Support Services. Verified adherence to the Code is intended to give confidence to users of Investigative & Litigation Support Services that Code Members have demonstrated compliance with key aspects of Data Protection Law and a high standard of data protection and accountability in those key areas, to the satisfaction of an independent [Monitoring Body].”
It is a lengthy (99 pages) and detailed document which provides practical guidance to the members of the ABI and those who may use their services.
The ICO explained:
“This code, which investigators in the private sector can sign up to, will provide certainty and reassurance to those using their services – ensuring investigators are compliant with the UK GDPR requirements. This will assist investigators to navigate the challenges between conducting investigations whilst respecting people’s privacy rights.”
It is likely that other sectors will follow suit: codes of conduct of this kind offer benefits to both organisations and individuals by promoting consistency, certainty and transparency.
A monthly data protection bulletin from the barristers at 5 Essex Chambers
The Data Brief is edited by Francesca Whitelaw KC, Aaron Moss and John Goss, barristers at 5 Essex Chambers, with contributions from the whole information law, data protection and AI Team.
