UK private investigators – NEW data protection code of conduct launched
The ICO has approved and published the first sector-owned code of conduct – The Association of British Investigators Ltd (ABI) UK GDPR code of conduct for Investigative and Litigation Support Services. Under Article 40 of UK GDPR, companies may develop codes of conduct that address sectors-specific data protection issues. Investigators in the private sector can sign up to this code, which provides clarity and reassurance to their customers. This new data protection code ensures private investigators are legally compliant with the UK GDPR regulations. This will assist investigators in navigating the challenges of conducting investigations and respecting privacy rights. The code addresses key data protection issues facing the private investigations industry eg. Completing DPIA’s and understanding their roles and responsibilities as controllers, joint controllers, or processors. It also assists code members in identifying and documenting the correct lawful basis for invisible processing, including covert surveillance, tracking devices, background checks and social media monitoring. The code also includes additional guidance, along with examples, for lawfully tracing and locating individuals.
Emily Keaney, Deputy Commissioner for Regulatory Policy at the ICO said: “Codes of Conduct are an excellent way of helping organisations demonstrate data protection compliance and protecting people’s data rights, and we are delighted to have approved the first Code of Conduct under UK GDPR. They enable organisations to address and resolve any data protection challenges, whilst also providing transparency and regulatory certainty. “We hope that our approval of this code encourages other sectors to also recognise the benefits of developing their own codes of conduct, demonstrating best practice and accountability.”
Tony Imossi, the Secretariat of The ABI and author of the ABI Code of Conduct added: “The code exemplifies the ABI’s commitment to professional investigations, upholding the highest standards of integrity and confidentiality. This is crucial for ensuring trust and compliance with the data protection law.”
Our Director Laura Lyons says ” Since its introduction, Are They Safe has always followed this code of conduct as best practice but it’s fantastic news that the code has now been formally approved by the ICO. I believe that this code of conduct will help to promote credibility, trust, accountability, transparency and compliance within the private investigations industry. It would be brilliant to see this code of conduct become mandatory in the future.”
