Data protection Code of Conduct launched for UK private investigators

Under Article 40 of the UK General Data Protection Regulation (GDPR), organisations may create Codes of Conduct that identify and address data protection issues deemed important to their sector.

This particular Code of Conduct, which investigators in the private sector can sign up to, will provide certainty and reassurance to those using their services, duly ensuring that investigators are compliant with the UK GDPR requirements. This will assist investigators to navigate the challenges of conducting investigations while respecting people’s privacy rights.

Key data protection issues facing the private investigations sector are addressed within the Code of Conduct. For example, the roles and responsibilities of Code members when acting as data controllers, joint controllers or processors and when and how to complete a Data Protection Impact Assessment.

The document also assists Code members to identify and document the correct lawful basis for invisible processing (including covert surveillance, tracking devices, background checks and social media monitoring).

Further guidance is also included (with relevant examples) for lawfully tracing and locating individuals.

Demonstrating compliance

Emily Keaney, deputy commissioner for regulatory policy at the ICO, said: “Codes of Conduct are an excellent way of helping organisations to demonstrate data protection compliance and protect people’s data rights. We’re delighted to have approved the first Code of Conduct under the UK GDPR. Such Codes enable organisations to address and resolve any data protection challenges, while also providing transparency and regulatory certainty.”

Further, Keaney stated: “We hope that our approval of this Code of Conduct encourages other sectors to also recognise the benefits of developing their own Codes of Conduct, demonstrating best practice and accountability.”

Tony Imossi, Secretariat of the ABI and author of the ABI Code of Conduct, added: “The Code of Conduct exemplifies the ABI’s commitment to professional investigations and upholding the very highest standards of integrity and confidentiality. This is crucial for ensuring trust and observing compliance with the data protection laws.”