Page 14 - WBG NOV2024

FEATURE

The ABI UK GDPR Code of Conduct:

A Milestone for UK Investigators

with Global Implications

This is major industry news in the UK What is the ABI UK GDPR Code of Conduct?
and I wanted to share this with the
professional community. The ABI’s Code of Conduct is a carefully crafted guideline designed to address the unique
challenges faced by professional investigators. It ensures compliance with the principles
I am delighted to announce that of the UK General Data Protection Regulation (GDPR), while accommodating the specific
the UK data protection supervisory needs of the investigative industry, such as handling personal data, working covertly, and
authority, the ICO (Information preserving confidentiality.
Commissioner’s Office) by its
deputy Commissioner officially Key elements of the Code include:
APPROVED the Association of
British Investigators’ (ABI) Code of 1. Roles & Responsibilities: Guidance on the tricky decision on the compliance
Conduct! Click here to view the ICO responsibilities between the investigator and their client.
Press Release which has been widely
circulated throughout the UK. 2. Carrying out a Risk Assessment: An explanation when an assessment is needed,
how to do it with a handy detailed template.
The ABI has secured a landmark
achievement with the approval of 3. Lawful Basis for Data Processing: Clear advice on establishing the lawful basis,
its UK GDPR Code of Conduct for such as legitimate interest or consent, for data processing activities.
Investigative & Litigation Support 4. Legitimate Interest Assessment: As most investigative activity involves invisible
Service Providers by the ICO this processing, that’s where the individuals are unaware they are being investigated,
October 2024. This milestone is the lawful basis is likely to be legitimate interest so the code provides the guidance
a significant advancement for to assist the investigator to justify their reliance on this lawful basis.
UK professional investigators,
providing them with a clear, practical 5. Consent to Share: Following on from the legitimate interest, the code provides a
framework to ensure compliance useful mechanism by which the investigator may accept an assignment where
with one of the most rigorous data the client’s interest are outweighed by the rights and interests of the subjects,
protection regulations in the world. whilst protecting those rights and remain lawful.

While its immediate impact is
focused on the UK, the benefits of What is the Code and what are its Benefits?
this Code extend beyond British
shores, offering insights and • Voluntary scheme for all service providers (ABI and non-ABI Members)
best practices that resonate with • Managed by an independent Monitoring Body
investigators worldwide. With • Sector specific good practice guide
privacy laws becoming increasingly • Familiarity with key issues
stringent globally, this development • Clarity on how to address them
sets a powerful example of how • Increases accountability & credibility
professional investigators can align • Code members are listed in the unique code register
with data protection regulations • Compliance training
without compromising operational • Understanding data protection principles
efficiency. • Credibility with potential clients
• Instilling confidence in individuals
• Potential increase in business
• Consideration by ICO in any enforcement
12 W.A.D Beyond Global