Dealing with dawn raids by the Information Commissioner’s Office
Produced in partnership with Michael Potts of Byrne and Partners LLP
Dealing with dawn raids by the Information Commissioner’s Office

The following Risk & Compliance practice note produced in partnership with Michael Potts of Byrne and Partners LLP provides comprehensive and up to date legal information covering:

  • Dealing with dawn raids by the Information Commissioner’s Office
  • What is the ICO?
  • Main reasons for an ICO raid
  • Powers
  • Execution of a warrant
  • Penalties
  • Privilege
  • Practical tips

This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Retained Regulation (EU) 2016/679) unless expressly stated otherwise.

What is the ICO?

The Information Commissioner’s Office (ICO) is an independent authority set up by the UK government to uphold information rights in the public interest, promote openness by public bodies and protect data privacy for individuals. The ICO is an executive non-departmental public body, sponsored by the Department for Digital, Culture, Media & Sport.

The ICO oversees and may enforce the following legislation and regulations:

  1. Data Protection Act 2018 (DPA 2018)

  2. General Data Protection Regulation (GDPR)

  3. Freedom of Information Act 2000

  4. Environmental Information Regulations 2004

  5. Privacy of Electronic Communications Regulation 2003

  6. Investigatory Powers Act 2016

  7. Environmental Protection Public Sector Information Regulations 2009

  8. Re-use of Public Sector Information Regulations 2015

  9. Enterprise Act 2002

  10. Security of Network and Information Systems Directive

  11. Electronic Identification, Authentication and Trust Services Regulation

This Practice Note focuses on the ICO’s role in relation to data protection and data privacy. All companies subject to data protection legislation and regulations are bound to co-operate with and provide relevant information to the ICO so that it may meet its statutory objectives. In the absence of such co-operation, the ICO may conduct on notice and without warning visits (or dawn raids) to obtain the information it requires.

Main reasons for an ICO

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