ABI UK GDPR (General Data Protection Regulation) Code of Conduct for Investigative and Litigation Support Services
The Legal Services Operational Privacy Certification Scheme (“LOCS”) is intended as a “Kite mark” for legal service providers – it is the Information Commissioner's Office’s (ICO's) voluntary certification scheme:
Certification is viewed as an accountability framework for Solicitor’s and legal professionals, “promoting both legal compliance and transparency”.
Article 42 of GDPR legislation encourages “the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this Regulation of processing operations by controllers and processors”.
It is important to note that there is no obligation under the GDPR to become ‘certified’ as a controller or processor, although certification can help demonstrate compliance with GDPR.
The LOCS scheme is yet to be adopted by Solicitors and legal professionals as the monitoring body has not been approved to date.
But the “Glacial” roll out of the LOCS scheme has moved on in other areas.
The Association of British Investigators has positioned itself as the, “Thought leaders” for the professional private investigator sector and have developed the ABI UK GDPR Code of Conduct for Investigative & Litigation Support Services (Published in November 2024) - It aims to “provide sector-specific guidance to help code members comply with data protection law and to increase accountability in handling personal data”.
The ICO approved the ABI UK GDPR Code of Conduct for Investigative & Litigation Support Services in October 2024:
“The purpose of the Association of British Investigators UK GDPR Code of Conduct for Investigative & Litigation Support Services is to enable code members to demonstrate compliance with specific areas of data protection law in the provision of investigative and litigation support services.
The code includes advice, guidance, and practical examples in relation to: the roles and responsibilities of code members when acting as controllers, joint controllers or processors; Data Protection Impact Assessments; identification of the lawful basis for processing personal data; legitimate interests assessments; and consent to share when tracing and locating individuals in certain cases”.
Solicitors and legal professionals will be committed to use sector specific code members if they are signed up to the LOCS scheme and it is estimated that some 20% of solicitors might be on this scheme come 2026.
The Code produced by the ABI is open to all private investigators – they can attain the code without joining or being a member of the ABI and they can seek training and guidance outside the ABI.
It is important to re emphasise that there is no obligation under the GDPR to become ‘certified’ as a controller or processor, although certification can help demonstrate compliance with the GDPR.
