Information law

We offer a full service across all aspects of advisory, transactional, and contentious data protection law, including the involvement of the regulator.

We can advise on the lawfulness of proposed uses of data including the introduction of AI and new technology, documenting information sharing arrangements and data processing agreements (including in relation to international data transfers), completing Data Protection Impact Assessments (DPIAs) and support for Data Protection Officers (DPOs).

We help data controllers respond effectively to subject access requests and other requests made by data subjects. We also advise on managing incidents, ICO investigations, claims and complaints, as well as policy development and delivery of training. We support organisations to strengthen accountability through the drafting of compliance and data sharing documentation, including data sharing or processing agreements and data protection impact assessments, and we can provide representation in the High Court and County Court on data protection and confidentiality matters, and before the Information Commissioner on data protection issues.

Capsticks assists public authorities with the preparation of replies to requests made under the Freedom of Information Act 2000 (FOIA), assisting with referrals to the Information Commissioner's Office (ICO), and representation in specialist tribunals. We have an excellent track record in achieving successful outcomes for our clients where there are disputes about their FOIA responses. We support organisations through requests made alongside disciplinary processes, as well as questions about balancing transparency and privacy. We can provide representation in Tribunals on FOIA matters and before the Information Commissioner on FOIA issues.

We advise organisations dealing with highly-sensitive information on maintaining confidentiality, records recovery, and ensuring the appropriate use of confidential information.

Our experts also counsel clients on compliance with the additional technical legal requirements (for instance under the Access to Health Records Act, NHS legislation and equality and human rights law), statutory guidance and obligations under professional codes of practice which affect many of them.

We advise employers on difficult data issues in the workplace, ranging from covert recordings and data transfers in overseas working arrangements, to subject access requests and processing data across multiple HR processes. Our team can provide specialist advice regarding the use of data about employees, including workforce portability and in the context of a breakdown in the relationship with the employee.