The ICO’s Enforcement of the PECRs – what powers are at its disposal?
Nick De Mulder
Legal 500 UK 2022
Nick advises at pre-action and proceedings stage on judicial review challenges for the range of different judicial review parties. This has included advice on the legality of actions by a Police and Crime Commissioner, a major judicial review regarding critical procurement during the COVID-19 pandemic and challenges to professional disciplinary proceedings. Nick has a keen interest in public law recourse for clients in connection with the criminal justice system.
Nick acts on major inquiries and investigations and currently represents a senior individual in connection with the Undercover Policing Inquiry. He also has experience assisting a witness and a leading regulator on a large-scale regulatory investigation and a defendant, and various witnesses, in preparing for and attending criminal trials.
Nick previously volunteered at the Anti-Trafficking and Labour Exploitation Unit where he regularly assisted claimants in their recourse to public law remedies. This included assisting on strategic litigation and issues under the Human Rights Act.
Nick has been instructed on a variety of information law matters. He assists clients of the criminal and regulatory defence teams with information law advice connected to criminal and regulatory cases. He advises on GDPR and Data Protection Act compliance and on subject access requests (SARs); he has experience of advising on complex SARs connected to law enforcement and safeguarding.
Nick has an interest in freedom of information and environmental information matters. He recently advised a client in relation to complex requests to Government departments regarding the legality of actions by the Scientific Advisory Group for Emergencies.
Nick is a member of Kingsley Napley’s Business and Human Rights practice. He represented international human rights NGOs, the Corporate Responsibility (CORE) Coalition and International Commission of Jurists, on their Supreme Court intervention in Okpabi v Shell; a class action concerning oil pollution in the Niger Delta where thousands of claimants seek redress in the English courts.
He also assisted on a major report on enforcement of business and human rights laws, commissioned by CORE, Traidcraft Exchange and the Business and Human Rights Resource Centre (see here and here for the report and related seminar).
Nick trained at Herbert Smith Freehills, qualifying in 2020, where he worked in both the Corporate Crime & Investigations and Data Protection teams and assisted the Business and Human Rights practice. He has a degree in Law with French Law from Oxford University. He participates in Kingsley Napley’s pro bono initiatives, including by representing claimants in social security appeals against the Department for Work and Pensions through anti-poverty charity Z2K.
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