Data protection & freedom of information

Data protection & FOI legal advice

Virtually all businesses are affected in some way by the UK's data protection and privacy legislation. The Data Protection Act 1998 requires all data relating to an individual to be processed in accordance with eight “data protection principles”. The Privacy and Electronic Communications Regulations 2003 provide additional hurdles to stop people receiving unwanted phone calls, faxes and e-mails.

If a person feels that their data has been processed unlawfully, they can complain to the Information Commissioner or launch a civil action for compensation. As a result, a business could be on the receiving end of a large fine or have to pay damages. The 1998 Act even allows for directors, officers and managers of a business to be personally liable in some circumstances.

We have extensive experience in advising on the implications of the Data Protection Act and the Privacy Regulations. We can therefore offer practical help on all aspects of data protection law, from how to make an appropriate notification to the Information Commissioner's Office to carrying out detailed compliance audits. Our audit identifies areas of risk in your business procedures and gives clear advice on how best to deal with them.

We also have expertise in guiding clients through the fraught area of requests for data from individuals. We can advise on what data must be disclosed and that which need not be. We can also offer training and guidance to enable your staff to identify, process and respond to these requests.

If the worst comes to the worst and a complaint is made to the Information Commissioner’s Office, we also have the experience of liaising with them to mitigate the complaint’s effect.

Recent examples of our work include:

• Providing data protection advice on a wide range of matters to Ufi Limited, the company responsible for the “learndirect” initiative, including assistance with subject access requests and internal compliance programmes.
• Advising HD Sports Limited (the world’s leading figure skate blade manufacturer) in respect of the setting up and operation of an innovative website advising on training and nutrition for professional skaters and sportspeople. The work involved consideration of a number of jurisdictional issues including data protection/privacy legislation.

Call us now on 0870 1500 100 to arrange a consultation, or use the links above to drop us a line.