The Legal Services department provides timely, effective, proportionate and solution focused legal advice in line with agreed risk appetite to the ICO, supporting the organisation to deliver its strategic objectives, particularly where doing so has the potential to shape interpretation of the laws the ICO oversees.
International work
We provide advice on the Privacy shield, international trade and co-operation agreements, Convention 108+ and the Charter of Fundamental Rights, EU transfer tools and requirements. We draft and advise on new UK transfer tools and accompanying advice, and regularly liaise with central government.
We also offer advice on European Union and other global data protection rules and regimes (e.g. ASEAN, APEC and OECD privacy frameworks) particularly with regard to international transfers of personal data.
Adequacy
We give advice internally and externally on matters that may affect UK adequacy, as well as regularly liaising with central government and review technical adequacy documentation.
General advice
We provide internal and external advice on information law covering DP, PECR, FOI, EIR, eIDAS, NIS, ePrivacy, Investigatory Powers Act and Reuse of Public Sector Information Regulations. We also give internal advice on related laws such as confidentiality, privilege, statutory prohibitions on disclosure, statutory powers, Brexit, status of British overseas territories. In addition, we provide internal advice on ICO use of cookies, recruitment, obligations of public sector regulators, ICO powers.
Interventions
We provide legal advice throughout the intervention and in relation to the post intervention implications and options for the ICO.
Guidance, Opinions and ICO codes
We review internal and external draft codes and guidance. The department attends cross office working groups on individual codes, influencing content and structure, providing advice on legal accuracy and relevant case law, legal opinions or EDPB guidelines.
We participate in workshops with stakeholders and advise with regard to consultation responses, and advise on the content of knowledge packs, ICO blogs and ICO public statements. The team also assists in drafting formal ICO opinions.
Legislative Reform
The legal services team will advise internally and externally on DP/privacy implications of proposed new legislation.
Knowledge Dissemination
We produce both detailed and brief overview summaries of relevant cases and EDPB guidance.
We support the rest of the ICO by providing internal training or knowledge products, and contribute induction presentations to new ICO staff about the work of the Directorate.
The team attends legal/policy surgeries once every 2 weeks, and also prepare Executive Team briefings of significant cases and queries.
Consultations
We regularly review the list of government consultations and intervene to respond as appropriate.
Project work
The team attends regular meetings, advising internally and externally, drafting, instructing Counsel as required on projects such as the ICO Regulatory Sandbox.
Commercial work
We provide legal support for all of the ICO’s commercial and procurement activities, across all of its directorates.
FOIA/EIR Advice/Appeals
We provide advice to FOI complaints and compliance and policy teams in contentious or potentially contentious matters, and deal with cases where there has been non-compliance with Commissioner’s Notices. We also provide input into ICO guidance on FOIA and EIR and conduct appeals to the Tribunal and higher courts under FOIA and the EIR.
DPA and PECR enforcement
The team conducts regulatory action taken by the Commissioner and their associated appeals to the First-tier and Upper Tribunal (Information Rights) and higher courts, including drafting monetary penalty notices and enforcement notices issued in respect of infringements of the GDPR/DPA and PECR Regulations and dealing with applications made under section 166 DPA18.
Criminal prosecutions
The team advises on criminal investigations and prosecuting DPA and FOI offences in the criminal courts and pursues Proceeds of Crime Applications upon conviction where appropriate
The Practice Support Team
We provide a professional legal administrative support service to senior management team including General Counsel, Directors and Heads of Service so they are able to focus on strategic matters; additionally we offer day to day operational support to the Legal departments business needs and that of the wider ICO client departments needing response.