Overview of Relationships

International legal professionals often collaborate with professional investigators in contentious business scenarios. This relationship can involve due diligence, background checks, and investigations related to legal proceedings. While these interactions can be essential for gathering evidence and ensuring compliance with legal standards, they also carry potential risks, particularly concerning an individual's privacy and the reputation of the law firms involved.

Risks to Reputation

Engaging with investigators poses several risks to the reputations of both legal professionals and clients:

- Privacy Violations: If investigators mishandle personal data or engage in invasive practices without proper justification, it could lead to significant reputational damage.
  
- Non-compliance with Data Protection Laws: Legal professionals must ensure that their investigators comply with relevant data protection laws, such as the General Data Protection Regulation. Failure to do so can result in legal repercussions and damage to professional credibility.

- Public Perception: The public may view the use of investigative services with scepticism, especially if there are perceptions of unethical practices or privacy infringements.

Mitigating Risks through Good Practice

The ABI UK GDPR Code of Conduct recently approved by the UK privacy regulator, (found HERE) provides a framework for investigators to operate within legal and ethical boundaries. Here are ways it assists in risk mitigation:

- Clear Guidelines: The Code outlines roles, responsibilities, and the necessary lawful bases for processing personal data, ensuring investigators are aware of their obligations under data protection law.

- Data Protection Impact Assessments (DPIAs): The Code emphasizes the necessity of conducting DPIAs when processing personal data that poses a high risk to individuals’ rights and freedoms. This proactive approach helps identify and mitigate potential risks before they manifest.

- Legitimate Interest Assessments (LIAs): The guidance on conducting LIAs ensures that investigators weigh their legitimate interests against the rights and freedoms of individuals. This assessment helps in making informed decisions about processing personal data.

- Transparency and Accountability: Membership in the Code signifies adherence to high standards of data protection, enhancing accountability. This assurance can improve trust between legal professionals and investigators, demonstrating a commitment to ethical practices.

Code Membership as a Standard of Accountability

Becoming a Code Member signifies a commitment to compliance with the highest standards of data protection and ethical conduct. This status provides several advantages:

- Enhanced Credibility: Code Membership demonstrates to clients and the public that investigators adhere to stringent data protection standards, thereby improving their professional reputation.

- Independent Monitoring: The involvement of an independent Monitoring Body (MB) ensures ongoing compliance and accountability, providing further assurance that investigators are managing personal data responsibly.

- Training and Resources: Code Members receive training and resources that equip them with the knowledge to navigate complex legal landscapes while respecting individual privacy rights.

In conclusion, the ABI UK GDPR Code of Conduct serves as an invaluable resource for both investigators and legal professionals. By adhering to its guidelines, they can effectively mitigate risks to their reputations while ensuring that individuals’ privacy rights are respected and protected.

More information about the Association of British Investigators can be found here: www.theabi.org.uk

This article is part of ABL's collaboration with the Council of International Investigators (CII), offering insights into effective partnerships between legal professionals and investigators. It reflects CII's expertise and dedication to ethical practices.

About the Author:

Tony Imossi has been a prominent figure in the investigation sector since 1981, specializing in fraud, theft, and litigation support. He provided crucial evidence to the Leveson Inquiry and the House of Commons Home Affairs Select Committee in 2012, advocating for the regulation of private investigations. Internationally recognized, he advised the Hungarian Interior Ministry on licensing and GDPR compliance from 2017 to 2018.

As a long-standing member of the Association of British Investigators (ABI), Tony was named Investigator of the Year in 1999 and received multiple awards for his service, including the Gold Medal for Excellence from the Joint Security Industry Council in 2004. He served as ABI President and later Chairman, overseeing significant improvements in membership criteria and achieving unique accreditations from the DVLA and the Law Society of England & Wales.

Tony played a pivotal role in the BSI's drafting of the Code of Practice for investigative services and worked with the Information Commissioner’s Office on the ABI UK GDPR code of conduct, approved in October 2024. His contributions have earned him accolades from the World Association of Detectives, culminating in the prestigious Norman J Sloane Memorial Award in 2023.