The ICO urgently needs enhanced confiscation powers
Personal data can be laundered like money, so the ICO is seeking powers under the Proceeds of Crime Act. By Paul May of WebXray.
The Information Commissioner’s Office (ICO) concluded the consultation on its application for powers under the Proceeds of Crime Act (2002) on 6 December 2019 (PL&B UK November 2019, p.7). This public consultation is likely to form part of the Law Commission’s review of the POCA, which serves to optimise the process of confiscation on a government-wide basis, releasing its findings in a consultation paper in “early 2020.”(1)
The powers the Information Commissioner is seeking include:
- To apply to the court for Restraint Orders (under Part 2 of POCA);
- To apply to the court for Confiscation Orders (under Part 2 of POCA);
- Cash seizure, detention and forfeiture from premises (under Part 5, Chapter 3 of POCA);
- Asset seizure and forfeiture from premises (under Part 5, Chapter 3A of POCA);
- To undertake investigations (including search and seizure warrants) to support the proceedings sought above (under Part 8 of POCA); and
- Access to information relevant to the investigation of money laundering offences.