Emily Carter

Information law

Emily advises corporates, regulatory bodies, charities and individuals upon the application of data protection law, especially concerning matters of sensitivity or dispute. This includes:

• guiding organisations processing sensitive data within investigations, inquiries and litigation including with respect to disclosure, confidentiality and privilege (including concerning sexual misconduct in the workplace)
• advising organisation on responding to complex or sensitive data subject access requests (DSARs). as well as requests for rectification and deletion and personal data
• investigation, enforcement and appeal proceedings by the Information Commissioner’s Office (ICO), including with respect to breach of Privacy and Electronic Communications Regulations (PECR)
• data protection compliance for organisations, including those based abroad subject to the UK GDPR jurisdiction
• tribunal proceedings involving information rights

Emily has a particular interest in the application of data protection law to children’s data. She also advises those making and receiving applications for information under the Freedom of Information Act 2000.

Emily writes and edits the data protection section of Cordery on Legal Services.

Inquiries, inquests and independent investigations

Emily has represented individuals and organisations in a number of large scale, high profile inquiries including the Independent Inquiry into Child Sex Abuse, the Renewable Heat Incentive Inquiry, the Mid Staffordshire NHS Foundation Trust Inquiry and the Baha Mousa Inquiry. She advised individual witnesses within the Financial Conduct Authority’s (FCA) independent investigation into the failure of HBOS, the Connaught Review and the Davis Inquiry.

She supports her clients through the inquisitorial process including the management of significant quantities of evidence, advising upon data protection compliance and the protection of legal professional privilege, and responding to criticisms within the final report.

Her extensive experience of the coroners’ courts enables Emily to guide families and organisations through inquest proceedings.

Internal investigations

Emily is a member of the firm’s internal investigations team with experience conducting sensitive internal investigations on behalf of corporates as well as representing individual witnesses. Her experience respect to sexual misconduct in the workplace, intellectual property theft, corruption and LIBOR-fixing.

Criminal, regulatory and professional discipline proceedings

Emily has acted on behalf of a range of regulatory bodies including the Financial Reporting Council, the Security Industry Authority and the Health and Care Professions Council. She has represented senior police officers of the Chief Police Officer’s Staff Association in connection with disciplinary and criminal investigations, including those conducted by Independent Office for Police Conduct.

Emily has represented clients at every stage of the criminal process from investigation to appeal and confiscation.

Examples of recent cases

• Representing a digital media company in connection with an ICO investigation into breach of PECRs
• Assisting organisations to respond to subject access requests within context of litigation and employment disputes
• Advising upon UK GDPR compliance with respect to development of app within education sector
• Advising US corporate upon UK GDPR compliance within event hosted in London
• Advising upon data protection compliance within sexual misconduct in the workplace investigations

Work highlights

• The University of Cambridge in the inquest into the terror attack at Fishmongers’ Hall, City of London, on 29 November 2019
• Applicant in Upper Tribunal proceedings concerning availability of prescription data under the Freedom of Information Act 2000: NHS Business Services Authority v Information Commissioner and Spivack: [2021] UKUT 192 (AAC)
• Executive Counsel to the Financial Reporting Council in disciplinary proceedings against accountants and accountancy firms, including most recently against KPMG and one of its partners in relation to the Silentnight group of companies
• The Catholic Council for the Independent Inquiry into Child Sexual Abuse in the Independent Inquiry into Child Sexual Abuse
• The Renewable Heat Incentive Inquiry in Northern Ireland
• The FCA independent Connaught review
• The FCA/PRA independent investigation into the failure of HBOS
• The Davis Inquiry into FCA briefing of business plan in March 2014
• Patient safety charities in the Mid Staffordshire NHS Trust Public Inquiry
• Soldiers in the Baha Mousa Public Inquiry
• Senior police officers in the “Stockwell Inquest” into the death of Jean Charles de Menezes

What clients and directories say

“Emily Carter is a pioneer in the field of information law generally, specialising in data protection and cybersecurity issues. She is tough, hugely experienced and a joy to work with. Her knowledge of this fast-developing area is remarkable, making her an essential part of any team where data protection issues are likely to arise – I would have no hesitation recommending her.” Legal 500 UK 2024

“Emily Carter is hugely knowledgeable. She listens to the client and goes out of her way to work with you to assist.” Legal 500 UK 2024

“Emily Carter is superb, incredibly approachable and precisely the kind of solicitor a client wants when the going gets tough. She is hands-on and firm.” Legal 500 UK 2021

“Emily Carter is an immensely able professional. We have been working with her for five years now. What is outstanding is her capacity to manage complex issues in the wider context and to provide excellent legal advice, whilst still acknowledging the human realities which underpin public law issues. She is a consummate and caring professional and human being.” Legal 500 UK 2021

“Stand-out partner Emily Carter…. They are market leaders, but maintain a courteous manner in dealing with opponents, all the while protecting their client’s interests to the best of their ability. They are genuinely interested in and impressive contributors to public law.” Legal 500 UK 2021

“Is not afraid to provide advice which may be unpopular with the client.” Legal 500 UK, 2019

“Highly professional and knowledgeable.” Legal 500 UK, 2016

“Can absorb vast amounts of novel and complex information and drill it down to the core issues.” Legal 500 UK, 2012

“Sources say she is ‘very bright’ and praise her ‘good clients skills’…” Chambers UK, A Clients Guide to the UK Legal Profession, 2013

Professional societies and memberships

• Association of Regulatory and Disciplinary Lawyers (ARDL)

Publications

• The Evolving Challenge of Data Protection Laws  – Published in Solicitors Journal, Jan 2024
• Workplace Investigations: Common traps and how to avoid them – People Management, July 2023
• Cordery on Legal Services – Chapter written on ‘Data Protection and Information Security’
• Information overload? The future of the ICO – Article written for Solicitors Journal, October 2022
• No time to waste in safeguarding children online – Article written for New Law Journal, October 2022
• Facial recognition in schools: innocuous or intrusive? Article written for Schools Week, July 2022