Our Knowledge, Your Business
If you require help and support with regard to data protection and freedom of information, Irwin Mitchell can provide you with a comprehensive service based on in-depth knowledge and experience of this rapidly changing and complex area of the law. We will help to protect your position and secure your business interests through the provision of sound, commercially focused advice.
Experts In Data Protection And Freedom Of Information
Due to the quantity of guidance notices and decisions issued by the Information Commissioner's Office, Data Protection and Freedom of Information are complex, fast-moving areas of law.
There is an increased awareness of privacy and security issues from a data protection point of view. As IT systems become more complex and capable, the ability to store and manipulate data increases – and potential risks arising from loss or misuse also rise accordingly.
The Data Protection and Freedom of Information team focuses on advising corporate clients on data protection risks and strategy in a range of situations – so when setting up new ventures or databases it can be useful to carry out a privacy impact assessment to determine the impact on privacy, as well as exploring any methods of minimising that impact while still achieving business objectives. This can also be an important consideration in outsourcing arrangements.
Once this has been done, data protection policies and consent wording may need to be prepared, and agreements with third party data processors can be put in place. We can advise on all these issues, ensuring that captured data can be used for the business need which has been identified.
When a company breaches the data protection act, we can advise on strategy to minimise adverse consequences. These include:
- Consideration of whether to notify the breach to the Information Commissioner's Office (ICO) or to the affected data subjects
- How to deal with ICO investigations
- Contractual issues such as termination of data processing agreements where the breach occurred due to the actions of a third party data processor.
We can carry out detailed data protection compliance audits, including preparing a compliance programme to deal with issues identified during the audit.
In terms of Freedom of Information, there is a growing expectation of public accountability particularly in terms of how public money is spent. Where you enter into contracts with public authorities, information about that contract may be the subject of a request for information. We can advise on contractual provisions requiring notification of any request for disclosure to you, and how to liaise with the public authority where you feel that information about your company should not be disclosed.
We have clients whom we have advised on ad hoc queries (both Freedom of Information and Data Protection) on a long-term basis. We also run data protection and freedom of information seminars and training on request. The complexity of the legislation and the amount of additional guidance is a key challenge, together with inconsistencies between the reasoning of the Information Commissioner and the reasoning of the courts. The interplay of data protection legislation and other legal obligations can also require specialist advice.
Working With Irwin Mitchell
Irwin Mitchell is one of the UK’s leading providers of legal services to businesses. Our clients range in size from small enterprises to large corporations.
We offer commercially-focused expertise in complex, high-value work, and an exceptional portfolio of commoditised legal processes. Our legal guidance is designed to be assimilated by your business seamlessly and transparently.
Our clients value the proactive, straightforward approach, creativity and close partner involvement that make Irwin Mitchell one of the country’s most successful and respected law firms.
Further Data Protection And Freedom Of Information Information
To arrange a discussion with no obligations, call 0870 1500 100 or send us an online enquiry.