The ICO’s Tougher FOI Enforcement Policy 

By Martin Rosenbaum 

Last month the Information Commissioner’s Office announced it was issuing another two Enforcement Notices against public authorities with extreme backlogs of FOI and EIR requests; the Ministry of Defence and the Environment Agency. From the published notices it is clear that both authorities had consistently failed to tackle their excessive delays, despite extensive discussions over many months with the ICO. 

The ICO also issued Practice Recommendations, a lower level of sanction, to three authorities with a poor track record on FOI; Liverpool Council, Tower Hamlets Council and the Medicines and Healthcare Products Regulatory Agency. This brings the total of Enforcement Notices in the past year or so to six, and the number of Practice Recommendations to 12.
As Warren Seddon, the ICO’s Director of FOI, proclaimed in his blog on the subject, both these figures exceed the numbers previously issued by the ICO in the entire 17 years since the FOI Act came into force. 

From my point of view, as a frequent requestor, this is good news.
For requestors, the ICO’s current activity represents a welcome tougher stance on FOI regulation adopted by Seddon and also the Commissioner, John Edwards, since the latter took over at the start of last year.  

Under the previous Commissioner Elizabeth Denham, any strategic enforcement regarding FOI and failing authorities had dwindled to nothing. The experience of requestors was that the FOI system was beset by persistent lengthy delays, both from many authorities and also at the level of ICO complaints.  

The ICO’s Decision Notices would frequently comment on obstruction and incompetence from certain public bodies, as I reported when I was a BBC journalist, but without the regulator then making any serious systematic attempt to change the culture and operations of these authorities.
Under Denham the ICO had also ceased its previous policy of regularly and publicly revealing a list of authorities it was ‘monitoring’ due to their inadequate processing of FOI requests. Although this was in any case a weaker step than issuing formal enforcement notices and practice recommendations, in some cases it did have a positive effect.
Working at the BBC at the time I saw how, when the BBC was put into monitoring by the ICO, it greatly annoyed the information rights section, who brought in extra resources and made sure the BBC was released from it at the first opportunity.  

On the other hand, other public authorities with long-lasting deficiencies, such as the Home Office and the Metropolitan Police, were kept in ICO monitoring repeatedly, without improving significantly and without further, more effective action being taken against them.  

The ICO’s FOI team has also made important progress in the past year in rectifying its own defects in processing complaints, speeding things up and tackling its backlog. This led to a rapid rush of decision notices.
One result is that delay has been shifted further up the system, as the
First-tier Tribunal has been struggling to cope with a concomitant increase in the number of decisions appealed. I understand that the proportion of decisions appealed did not change, although I don’t know if the balance between requestor appeals and authority appeals has altered. 

Another consequence has been that decision notices now tend to be shorter than they used to be, especially those which support the stance of the public authority and thus require less interventionist argument from the ICO. Requestors may need to be reassured that the pressure on ICO staff for speedier decisions does not mean that finely balanced cases end up predominantly being decided on the side of the authority.  

More generally I gather there is some concern within the ICO about its decisions under sections 35 and 36 of FOI, to do with policy formulation and free and frank advice, that some staff have got into a pattern of dismissing requestors’ arguments without properly considering the specific circumstances which may favour disclosure. 

As part of its internal operational changes, a few months ago the ICO introduced a procedure for prioritisation amongst appeals and expediting selected ones. I have seen the evidence of this myself.  A complaint I made in April was prioritised and allocated to a case worker within six weeks and then a decision notice served within another six weeks (although sadly my case was rejected). All done within three months.  

On the other hand a much older appeal that I submitted to the ICO in May 2022 has extraordinarily still not even been allocated to a case worker 15 months later, from what I have been told. This is partly because it relates to the Cabinet Office, which accounts for a large proportion of the ICO’s oldest casework and has been allowed a longer period of time to work through old cases.  

It is interesting to note that the ICO does not proactively tell complainants that their case has been prioritised, even when they have specifically argued it should be at the time of submitting their complaint.
The ICO wants to avoid its staff getting sucked in to disputes about which appeals merit prioritisation. If you want to know whether your case has been prioritised, you have to ask explicitly, and then you will be told. 

The ICO has not yet officially released any statistics about the impact of its new prioritisation policy. However I understand that in the first three months about 60 cases were prioritised and allocated to a case officer to investigate within a month or so. This is a smaller number than might have been expected.  

Around 80 percent of these were prioritised in line with the criterion for the importance of the public interest involved in the issue. And about 60 percent of decisions to prioritise reflected the fact that the requestor was in a good position to disseminate further any information received, possibly as a journalist or campaigner. 

In most of the early decision notices for prioritised complaints the ICO has backed the authority and ruled against disclosure. So if you are a requestor, the fact that the ICO has decided to prioritise your appeal does certainly not mean that it has reached a preliminary decision that you are right.  

Martin Rosenbaum is the author of Freedom of Information: A practical guidebook. The book is aimed at requestors and provides thorough guidance on the workings of the law, how best to frame requests and how to challenge refusals. It will also be valuable to FOI officers and others who want a better understanding of the perspective of requestors. In the book Martin passes on the benefits of all the expertise and experience he acquired during 16 years as the leading specialist in BBC News in using FOI for journalism. 

Another Day; Another Police Data Breach  

The largest police force in the UK, the London Metropolitan Police (also known as the London Met), has fallen victim to a substantial data breach. Approximately 47,000 members of the police staff have been informed about the potential compromise of their personal data. This includes details such as photos, names, and ranks. The breach occurred when criminals targeted the IT systems of a contractor responsible for producing staff identification cards.

While this breach has raised concerns about the security of sensitive information, it is important to note that details like identification numbers and clearance levels might have been exposed as well. However, it has been confirmed that the breached data did not include home addresses of the affected Met police personnel. There are fears that organised crime groups or even terrorist entities could be responsible for this breach of security and personal data.

Furthermore, the breach has amplified security apprehensions for London Met police officers from Black, Asian, and Minority Ethnic backgrounds. Former London Met Police Chief Superintendent Dal Babu explained that individuals with less common names might face a heightened risk. Criminal networks could potentially locate and target them more easily online, compared to those with common names. This concern is particularly relevant for officers in specialised roles like counter-terrorism or undercover operations.

Reacting to this situation, former Met commander John O’Connor expressed outrage, highlighting concerns about the adequacy of the cyber security measures put in place by the contracted IT security company, given the highly sensitive nature of the information at stake.

This incident presents a significant challenge to the UK Home Office, and it is likely that the government will be compelled to swiftly review and bolster security protocols. This step is necessary to ensure that the personal data of security service personnel is safeguarded with the utmost levels of privacy and data security. Both the Information Commissioner’s Office (ICO) and The National Crime Agency have initiated investigations.

This follows the data breach of the Police Service of Northern Ireland (PSNI) where, in response to a Freedom of Information request, the PSNI mistakenly divulged information on every police officer and member of police staff. Over in England, Norfolk and Suffolk Police also recently announced it had mistakenly released information about more than 1,200 people, including victims and witnesses of crime, also following an FOI request. Last week, South Yorkshire Police referred itself to the information commissioner after “a significant and unexplained reduction” in data such as bodycam footage stored on its systems, a loss which it said could affect some 69 cases.

These incidents underscore the urgency of maintaining robust data protection measures and raising awareness about potential risks, especially within law enforcement agencies. It also requires Data Controllers to ensure that they have processes in place to comply with the requirements of GDPR (Article 28) when it comes to appointing Data Processors.

We have two workshops coming up in September (Introduction to Cyber Security and Cyber Security for DPOs) which are ideal for organisations who wish to upskill their employees about data security.

Act Now Launches New UAE DP Officer Certificate 

Act Now Training is pleased to announce the launch of the new UAE Data Protection Officer Certificate.  

Data Protection law in the Middle East has seen some rapid developments recently. The UAE recently enacted a federal law to comprehensively regulate the processing of personal data in all seven emirates. This will sit alongside current data protection laws regulating businesses in the various financial districts such as the Dubai International Financial Centre (DIFC) Data Protection Law No. 5 of 2020 and the Abu Dhabi Global Market (ADGM) Data Protection Regulations 2021. In addition there are several sector specific laws in the UAE which address personal privacy and data security. Saudi Arabia, Bahrain and Qatar also now have comprehensive data protection laws.   

These laws require a fundamental assessment of the way Middle East businesses handle personal data from collection through to storage, disclosure and destruction. With enhanced rights for individuals and substantial fines for non-compliance no business can afford to ignore the new requirements. 

Act Now’s UAE Data Protection Officer Certificate has been developed following extensive discussions with our clients and partners in the UAE and builds on our experience of delivering training and consultancy in the region. The course focuses on the essential knowledge required by DPOs to successfully navigate the UAE data protection landscape. The course will also help DPOs to develop the skills required to do their job better.
These include interpreting the data protection principles in a practical context, drafting privacy notices, undertaking DPIAs and reporting data breaches. 

The course teaching style is based on four practical and engaging workshops covering theory alongside hands-on application using case studies that equip delegates with knowledge and skills that can be used immediately. Delegates will also have personal tutor support throughout the course and access to a comprehensive revised online resource lab. 

Ibrahim Hasan, director of Act Now Training, said: 

“I am really pleased to be launching this new UAE DPO certificate course. This is an exciting time for data protection law in the Middle East. Act Now is committed to contributing to the development of the DPO function in the region.” 

If you would like to discuss your suitability for this course, please get in touch. It can also be delivered as an in house option.

Privacy Concerns Raised Over Adoption Records on Genealogy Website 

Last week, the names and details of individuals adopted over the past century were found to be accessible on the genealogy website, Scotland’s People. The exposure of these records, alongside other recent data breaches, has ignited a discourse on privacy and security.

Upon being alerted by a concerned mother, who discovered her adopted child’s details on the website, the NRS acted promptly, removing the information within 36 hours. The mother detailed her experience in an interview with BBC Scotland News. She highlighted the potential risk of the website inadvertently enabling individuals to discern the adopted child’s new surname. This revelation is alarming, especially as many adoptive parents opt to retain the first names of their children.

Diving deeper into the website’s database, it was revealed that the platform had information on adoptions dating as far back as 1909, with the most recent entries from 2022. Nick Hobbs, the acting Children’s Commissioner in Scotland, said that the exposed data could be in violation of both the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, both of which enshrine the right to privacy.

While the NRS responded by temporarily removing the records from the site, they highlighted their statutory responsibility to maintain open and searchable registers. They also stressed that this incident didn’t classify as a personal data breach. Nonetheless, as a precautionary measure, they informed the Information Commissioner’s Office (ICO) about the concerns raised.

The ICO, in its statement, underscored the importance of sensitive personal data being managed in congruence with data protection laws. They clarified that while the NRS did notify them, they hadn’t received a formal breach report.  

This incident serves as a poignant reminder of the complexities of balancing transparency and privacy in the digital age. As the debate around personal data continues to evolve, it underscores the need for stringent measures and vigilance in the handling of sensitive information, especially when it pertains to vulnerable demographics.
It is paramount that organisations ensure robust data governance practices to prevent potential breaches and safeguard individual rights. 

We have two workshops coming up in September (Introduction to Cyber Security and Cyber Security for DPOs) which are ideal for organisations who wish to upskill their employees about data security. 

Ibrahim Hasan’s BBC Radio Ulster Interview about the PSNI Data Breach 

Today, Ibrahim Hasan gave an interview to BBC Radio Ulster about the the Police Service of Northern Ireland’s (PSNI) recent data breach. In response to an FOI request, PSNI shared names of all officers and staff, where they were based and their roles. Listen below. More about the PSNI and the Electoral Commission data breaches here.

We have two workshops coming up in September (Introduction to Cyber Security and Cyber Security for DPOs) which are ideal for organisations who wish to upskill their employees about data security. Our Data Mapping workshop is proving very popular with IG and DP Officers who wish to develop this skill.

The Electoral Commission and PSNI: One Day, Two Data Breaches!

Yesterday two major data breaches were reported in the public sector. Both have major implications for individuals’ privacy. They are also a test for the Information Commissioner’s Office’s (ICO) approach to the use of its enforcement power.

In the morning, the Electoral Commission revealed, in a public notice issued under Article 33 and 34 of the UK GDPR, that it has been the victim of a “complex cyber-attack” potentially affecting millions of voters.
It only discovered in October last year that unspecified “hostile actors” had managed to gain access to copies of the electoral registers, from August 2021. Hackers also broke into its emails and “control systems”.

The Commission said the information it held at the time of the attack included the names and addresses of people in the UK who registered to vote between 2014 and 2022.This includes those who opted to keep their details off the open register, which is not accessible to the public but can be purchased. The data accessed also included the names, but not the addresses, of overseas voters.  

The Commission said it is difficult to predict exactly how many people could be affected, but it estimates the register for each year contains the details of around 40 million people. It has warned people to watch out for unauthorised use of their data. The ICO has issued a statement saying it is currently making enquiries into the incident.

And then late last night, and perhaps even more worrying for those involved, the Police Service of Northern Ireland apologised for a data breach affecting thousands of officers. In response to a Freedom of Information (FoI) request, the PSNI mistakenly divulged information on “every police officer and member of police staff”, a senior officer said. The FoI request, via the What Do They Know.Com website, had asked the PSNI for a breakdown of all staff rank and grades. But as well as publishing a table containing the number of people holding positions such as constable, a spreadsheet was included. This contained the surnames of more than 10,000 individuals, their initials and other data, but did not include any private addresses. The information was published on the WDTK website for more than two hours.

The ICO has just issued a statement Cabinet Office the PSNI data breach. A few years ago such data breaches would attract large fines. In 2021 the Cabinet Office was fined £500,000 (later reduced to £50,000) for publishing postal addresses of the 2020 New Year Honours recipients online. In June 2022 John Edwards, the Information Commissioner, announced a new approach towards the public sector with the aim to reduce the impact of fines on the sector. This centred around issuing reprimands rather than fines for the public sector. Since then no public sector organisation has been fined despite some very serious data breaches. In May 2023, Thames Valley Police (TVP) were issued with a reprimand after an ICO investigation found that TVP had inappropriately disclosed contextual information that led to suspected criminals learning the address of a witness (the data subject). As a result of this incident, the data subject moved address and the impact and risk to the data subject remains high.  Many data protection experts have expressed concern about the public sector’s special treatment. In relation to yesterday’s data breaches, anything other than serious enforcement action will lead to further questions for the ICO. 

The scale of the PSNI data breach is huge. The release of the names exposes individuals who are regularly targeted by terrorist groups. Had the breach included addresses, it would have been even more serious. Both these breaches are going to test the ICO’s public sector enforcement policy.

Ibrahim Hasan has given an interview to BBC Radio Ulster about the PSNI data breach. Listen here.

We have two workshops coming up in September (Introduction to Cyber Security and Cyber Security for DPOs) which are ideal for organisations who wish to upskill their employees about data security. Our Data Mapping workshop is proving very popular with IG and DP Officers who wish to develop this skill.

Facial Recognition CCTV Cameras in Every Store?

The Observer recently reported that Home Office officials have developed covert plans to lobby the Information Commissioner’s Office (ICO) in an effort to hasten the adoption of contentious facial recognition technology in high street stores and supermarkets. Critics argue that such technology raises concerns about bias and data privacy.

Despite these objections, the Home Office appears to be pushing for the adoption of facial recognition in stores. The minutes of the recent meeting, obtained under the Freedom of Information Act, appear to show Home Office officials agreeing to write to the ICO praising the merits of facial recognition technology in combating “retail crime”. This ignores critics who claim the technology violates human rights and is biased, particularly against darker-skinned people.

Police minister Chris Philp, senior Home Office officials, and the commercial company Facewatch came to an agreement on the covert strategy on 8th March 2023 during a meeting held behind closed doors. Facewatch provides facial recognition cameras to help retailers combat shoplifting. It has courted controversy and was investigated by the ICO earlier this year following a complaint by Big Brother Watch.

Despite finding multiple UK GDPR violations on 28th March, the ICO told Facewatch it would take no further action. The ICO said it “welcomed” remedial steps that Facewatch had taken, or would take, to address the above violations. Those remedial steps have been redacted from public information about the case.

Facial recognition technology has faced extensive criticism and scrutiny, leading the European Union to consider a ban on its use in public spaces through the upcoming Artificial Intelligence Act. However, the UK’s Data Protection and Digital Information (No.2) Bill proposes to eliminate the government-appointed Surveillance Camera Commissioner role and the requirement for a surveillance camera code of practice.

Our forthcoming CCTV workshop is ideal for those who want to explore the GDPR and privacy issues around all types of CCTV cameras including drones and body worn cameras. Our Advanced Certificate in GDPR Practice is a practical scenario based course designed to help delegates gain the confidence to tackle complex GDPR issues in methodical way.

New FOI Intermediate Certificate

Act Now Training is delighted to launch the FOI Intermediate Certificate . This new course empowers delegates to further enhance their skills as FOI practitioners, by building upon the foundations established by the FOI Practitioner Certificate, delving deep into the intricacies of FOI and gaining the confidence to navigate its complexities effectively.

Background

Over the past three years, Act Now Training has worked diligently alongside industry experts and education professionals to develop a comprehensive skills and competency framework for FOI Officers. The Intermediate Certificate emerged from the need to further develop FOI Officers who have already completed our FOI Practitioner Certificate and wish to enhance their expertise. The course emphasises skills as well as knowledge, covering challenging topics to provide a deeper understanding of the FOI fundamentals.

Course Content

The Intermediate Certificate strengthens the foundations established by the FOI Practitioner Certificate. Topics include interpreting information requests, navigating data repositories for relevant information, handling vexatious requests and applying the exemptions. Time will also be spent discussing the historical development and transformative impact of FOI on transparency, accountability and citizen empowerment. International comparisons with the FOI Act will broaden delegates’ perspectives, while critically evaluating its impact and effectiveness will assist them to appreciate the importance of transparency and accountability. By the end of the course, delegates will gain skills in, amongst other things, effectively interpreting information requests, assessing their scope, retrieving relevant information, overcoming challenges in organisational compliance, applying exemptions and crafting clear Refusal Notices.

Format

The course is structured over three days, one day per fortnight, and can be undertaken online or in the classroom. Each day includes engaging discussions, exercises and case studies. Upon completion, delegates must submit a practical assessment within 30 days. Personal tutor support is provided, throughout the course, alongside access to a comprehensive online resource lab to maximise success.

Our Commitment

Act Now Training is committed to promoting the recognition of Information Governance as a profession. We believe that anyone in the profession can gain a solid foundation in interpreting and applying the law as part of their skillset. We are committed to not only teaching with a non complex jargon free philosophy, but also ensuring our delegates are supported in building these skills for themselves and their organisations.

Our involvement with NADPO and the IRMS over the past two decades demonstrates our dedication to nurturing new entrants into the IG profession through quality training. Our partnership with Damar, on the DP and IG Apprenticeship, has led to the recruitment of over 100 apprentices and laid the foundations for prosperous IG careers.  Course Director, Ibrahim Hasan, commented:  

“After carefully considering feedback from our delegates and consulting with FOI experts, we are thrilled to introduce the FOI Intermediate Certificate. This newly designed course offers an excellent opportunity for individuals with a strong foundation and practical experience in FOI to further elevate their expertise and refine their skills.”

Special Discount

The first course starts in November and is currently eligible for a special introductory discount. In addition, if you have completed our FOI Practitioner Certificate in the last 24 months, we are offering a further £150 discount off the Introductory price. Limited places are available, book now so book now to avoid disappointment.  

Council Loses High Court Damages Claim for Misuse of Personal Data 

A recent High Court judgment highlights the importance of data controllers treating personal data in their possession with care and in accordance with their obligations under the General Data Protection Regulation (GDPR). Failure to do so will also expose them to a claim in the tort of misuse of private information.

The Facts

In Yae Bekoe v London Borough of Islington [2023] EWHC 1668 (KB) the claimant, Mr. Bekoe, had an informal arrangement with his neighbour to manage and rent out flats on her behalf, with the income intended to support her care needs. In 2015, Islington Council initiated possession proceedings against Mr Bekoe. During the proceedings, the council submitted evidence to the court, including details of Mr. Bekoe’s bank accounts, mortgage accounts, and balances. This provided a snapshot of Mr. Bekoe’s financial affairs at that time. Some of this information, it appears, was held internally by the Council, and disclosed by one department to another for the purpose of “fraud” whilst other information was received after making a court application for disclosure by the bank and Mr Bekoe.  Subsequently, Mr. Bekoe filed a claim against Islington Council, alleging the misuse of his private information and a breach of the GDPR. Amongst other things, he argued that the council obtained his private information without any legal basis. Mr. Bekoe also claimed that the council failed to comply with its obligations under the GDPR in responding to his Subject Access Request (SAR). He made the request at the start of the legal proceedings, but the council’s response was delayed. Mr Bekoe also claimed that the council was responsible for additional GDPR infringements including failing to disclose further data and destroying his personal data in the form of the legal file which related to ongoing proceedings.

The Judgement

The judge awarded Mr. Bekoe damages of £6,000 considering the misuse of private information, the loss of control over that information, and the distress caused by the breaches of the GDPR. He ruled that the information accessed went beyond what was necessary to demonstrate property-related payments. Regarding the breach of the GDPR, the judge concluded that: 

  • The council significantly breached the GDPR by delaying the effective response to the subject access request for almost four years. 
  • There was additional personal data belonging to Mr. Bekoe held by the council that had not been disclosed, constituting a breach of the GDPR. 
  • While the specifics of the lost or destroyed legal file were unclear, there was a clear failure to provide adequate security for Mr. Bekoe’s personal data, breaching the GDPR. 
  • Considering the inadequate response to the subject access request, the loss or destruction of the legal file, and the failure to ensure adequate security for further personal data, the council breached Mr. Bekoe’s GDPR rights under Articles 5 (data protection principles), 12 (transparency), and 15 (right of access). 
     

The Lessons

Whilst this High Court decision is highly fact-specific and not binding on other courts, it does demonstrate the importance of ensuring there is a sound legal basis for accessing personal data and for properly responding to subject access requests.  Not only do individuals have the right to seek compensation for breaches of the UK GDPR, including failures to respond to subject access requests, the Information Commissioner’s Office (ICO) can take regulatory action which may include issuing reprimands or fines. Indeed, last September the ICO announced it was acting against seven organisations for delays in dealing with Subject Access Requests (SARs). This included government departments, local authorities, and a communications company. 

This and other GDPR developments will be discussed in our forthcoming GDPR Update workshop. 

The Farage Bank Row: The Power of the GDPR Subject Access Right? 

Dame Alison Rose, the CEO of NatWest, resigned on Wednesday morning after being accused of leaking information on Nigel Farage’s bank account to the BBC. Following a GDPR subject access request, the ex-UKIP leader received information from the bank that contradicted its justification for downgrading his account. Some say that this incident highlights the power of data protection rights, while others argue that Dame Alison was forced to resign as a result of Mr Farage’s continued influence over the Government.
The truth is probably a mix of the two.

Background

In a Twitter post on 29th June, Mr Farage said his bank (who we now know to be Coutts) had decided to stop doing business with him. He said that a letter from the bank contained no explanation and he had then been told over the phone that it was a “commercial decision”. Mr Farage claimed he was being targeted because the “corporate world” had not forgiven him for Brexit.

On 4th July, a BBC report claimed that the real reason the bank did not want his custom was because Mr Farage did not have enough money in his accounts. Coutts requires clients to have at least £1m in investments or borrowing or £3m in savings. The BBC reported that Mr Farage’s political opinions were not a factor in the decision, but this turned out not to be the case. 

 Mr Farage submitted a Subject Access Request (SAR) to Coutts.
The response contained a 40-page document, published by the Daily Mail,  detailing all of the evidence Coutts accumulated about him to feed back to its Wealth Reputational Risk Committee. It revealed staff at the bank spent months compiling evidence on the “significant reputational risks of being associated with him”. It said continuing to have Mr Farage as a customer was not consistent with Coutts’ “position as an inclusive organisation” given his “publicly stated views”. Several examples were cited to flag concerns that he was “xenophobic and racist”, including his comparing Black Lives Matter protesters to the Taliban and his characterisation of the RNLI as a “taxi-service” for illegal immigrants. 

On 24th July, the BBC issued an apology to Mr Farage. It’s business editor Simon Jack also tweeted his apology, saying the reporting had been based on information from a “trusted and senior source” but “turned out to be incomplete and inaccurate”. This source later turned out to be Dame Alison. The Telegraph reported Dame Alison sat next to Simon Jack at charity dinner the day before the BBC story was published.

Dame Alison resigned after days of mounting pressure. The resignation was expected in the wake of briefings by Downing Street that she had lost the confidence of the Prime Minister and Chancellor. The Government owns a 38.6% in NatWest, the owner of Coutts.

The Data Protection Angle

The Information Commissioner, John Edwards, has issued a statement emphasising the importance of banks’ duty of confidentiality and the need for Coutts to be able to response to Mr Farage’s complaint. Mr Edwards has also written to UK Finance to remind them of their responsibilities on information they hold.

It is arguable that Dame Alison, or more accurately Coutts as the Data Controller, breached the UK GDPR which requires, amongst other things, for personal data to be processed fairly, lawfully and in a transparent manner. That is assuming she disclosed personal data about a client to a journalist without consent or lawful authority. Dame Alison has said she did not reveal any personal financial information about Mr Farage, but admitted she had left Simon Jack “with the impression that the decision to close Mr Farage’s accounts was solely a commercial one.” She said she was wrong to respond to any question raised by the BBC about the case.

Has Dame Alison committed a criminal offence under S.170 of the DPA 2018; that of unlawfully disclosing personal data without the consent of the Data Controller? This is unlikely as, being the head of the bank, her views and that of the controller would in effect be the same. Were others in Coutts to argue otherwise, there are a number of “reasonable belief” defences available to her.  

Many think this row is more about politics than confidentiality or banking. Labour MP Darren Jones has queried why the Prime Minister is intervening on one man’s bank account. He posted a string of other examples where he says the government has not intervened going on to give his reasons for the Government’s stance.

The Power of Subject Access

Whatever you think of Nigel Farage’s political views, this incident shows that the subject access right is a powerful tool which can be used by individuals to discover the truth behind decisions which affect their lives and to challenge them.

Article 15 of the UK GDPR allows a data subject to receive all their personal data that is held by a Data Controller, subject to certain exemptions.
This does not just include official documentation but also emails, comments and any other recorded discussions, whether they are professionally expressed or not. Coutts have now apologised for some of the language used about Farage describing it as “deeply inappropriate”. A high profile individual’s use of GDPR rights also reminds the normal public of the same rights. The BBC reports that NatWest has now received hundreds of subject access requests from customers.

On the same day as Dame Alison announced her resignation, Sky News reported the story of a woman who alleges that she was drugged and sexually assaulted while being held in custody by Greater Manchester Police. Zayna Iman has obtained bodycam and CCTV footage which is supposed to cover the 40 hours from when she was arrested and covering her detention in police custody. From that period, there are three hours of missing footage which GMP have so far failed to supply without any explanation.  Miss Iman’s allegations are the subject of an ongoing investigation and referral to the Independent Office for Police Conduct. 

Back to the Nigel Farage case and there is an irony here; Mr Farage was able to challenge the bank’s decision by using a right which originates in EU law; the UK GDPR being our post Brexit version of the EU GDPR!

Our How to Handle a Subject Access Request workshop will help you navigate each stage and requirement of a Subject Access Request.

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