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UK Data Recording Obligations – Have You Got the Message? (January 2024)

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In an article for Privacy & Cybersecurity Law Report, Hayley Ichilcik, Saqib Alam, Annabel Gillham, and Jennifer Galloway explain how UK regulators may now be looking to apply additional scrutiny on the use, recording, and retention of electronic communications, particularly via encrypted messaging applications.

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In an article for Privacy & Cybersecurity Law Report, Hayley Ichilcik, Saqib Alam, Annabel Gillham, and Jennifer Galloway explain how UK regulators may now be looking to apply additional scrutiny on the use, recording, and retention of electronic communications, particularly via encrypted messaging applications.“In recent months, the use of encrypted messaging applications for business purposes has returned to the spotlight. In July 2023, legal challenges surrounding the disclosure of messages on devices used by former Prime Minister Boris Johnson made headlines in the context of the Covid-19[ANT1]  Inquiry. And in August 2023, the UK’s energy regulator, the Office of Gas and Electricity Markets (Ofgem[ANT2] ), issued a fine in respect of communications relating to wholesale energy trading made via an instant messaging platform on privately owned phones that were not appropriately recorded or retained – the first fine of its kind in the UK. In light of the augmented media attention, it may be that Ofgem and other UK regulators now look to apply additional scrutiny on the use, recording and retention of electronic communications, particularly via encrypted messaging applications.”Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt9441ba8397e013f2/65983379b1779063d6d03911/240105-uk-data-recording-obligations.pdf" target="_blank">full article</a>.

UK Data Recording Obligations – Have You Got the Message?

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Hayley specializes in representing financial institutions, corporate clients and senior individuals in highly sensitive litigation, regulatory enforcement matters and internal investigations. She is Head of Morrison Foerster’s European Compliance Practice and regularly advises clients in relation to their compliance program and diligence of third parties.Hayley has advised clients facing parallel enforcement actions in multiple jurisdictions and those facing parallel criminal, regulatory and civil litigation. Hayley has advised clients on diverse matters across Europe, the Americas, Asia, the Middle East and Africa in the banking/financial services, energy, chemicals, construction/engineering, manufacturing and technology industries. She is also a member of our global ESG + Sustainability steering committee.In addition, Hayley has an active sanctions practice and frequently guides clients through complex UK financial sanctions and export control issues, including making license applications and interfacing with the Office of Sanctions Implementation (OFSI) and the Foreign, Commonwealth & Development office (FCDO).Hayley has been recognized as a Next Generation Partner and described in the Legal 500 UK as “…massively experienced with an enormous breadth of knowledge when dealing with the most complex cross-border regulatory investigations. She combines an excellent intellect with really practical application. Top quality.” “She’s a very able lawyer whose commercial practice covers a wide range of areas, and she’s adept at each of them; she’s clever, tough, charming and a delight to work with. Clients love her, as does her legal team: she provides encouragement, reassurance and adept handling of the most difficult case. First-rate.”Hayley is also recognized in Chambers UK, with clients commenting on her ability to “combine strong communication skills with excellent legal expertise. She is a strong collaborative partner to work with… she is ridiculously hard-working and has great judgement on how to cut through everything. She is a great person to have on your side.” Hayley was named by Global Investigations Review (GIR) to its list of Women in Investigations in 2021.Hayley was formerly an Investigative Lawyer at the Serious Fraud Office in the UK.

Hayley Ichilcik

Partner

Saqib Alam is an English solicitor, New York attorney and Singapore advocate who advises global companies, boards and high net worth individuals facing business-critical issues and helps them resolve such matters from a legal and reputational standpoint. A leading practitioner in this field, Saqib has been ranked by Chambers and Partners for 2-years running in Band 1 (the top tier) for Crisis & Risk Management: UK-Wide.Saqib has acted in investigations and advised on corporate crises covering more than 30 countries around the world and has helped companies and individuals resolve issues with government agencies in the United States, United Kingdom, Brazil, Germany, India, and Singapore. Practicing in London for the last 14 years, Saqib has helped resolve issues and crises related to corporate governance failures, employee misconduct, national security issues, cyberattacks, bribery, fraud, human rights violations, miscarriages of justice, racism, money laundering, sanctions and antitrust violations for some of the most well-known organisations and individuals in the world. Saqib regularly advises companies and individuals facing concurrent issues in multiple countries and has experience reaching coordinated and global resolutions with government agencies and third parties around the world.Chambers & Partners recognizes Saqib as “one of the most dynamic and effective crisis management lawyers in London. He understands that a multi-disciplinary approach is needed for effective reputation management and delivers clear advice to clients when they need it most.” He understands “how legal investigations may play out in both the press and the political arena" and “is innovative in his thinking.”Saqib has extensive experience guiding companies through investigations relating to UK government contracts. He is currently advising a large global multinational company involved in a high-profile UK Public Inquiry. Saqib also advises companies and senior executives called upon to give evidence in UK Parliamentary Select Committee hearings. As a key part of this work, Saqib regularly works alongside media and public affairs advisers in assisting companies manage reputational risk and adverse media coverage arising out of government investigations.Saqib also represents clients in cross-border litigation and dispute resolution. Together with his US colleagues and local counsel in foreign jurisdictions, he helps companies and individuals engage in and resolve time-critical tactical litigation.Saqib graduated from King’s College, University of London, with First Class Honours in Law in 2006. From 2007 – 2009, he served as a Justice’s Law Clerk in the Supreme Court of Singapore and as an Assistant Registrar in the High Court of Singapore. He is admitted to practice in New York, England and Singapore.Saqib serves as a trustee for Operation Smile UK, a charity that provides free life-changing cleft surgery and comprehensive cleft care around the world. He is also a regular writer and speaker on investigations, crisis management and business resilience.

Saqib Alam

Annabel is a partner at Morrison Foerster and co-Managing Partner of the London office. As a member of our renowned global data privacy team, Annabel specializes in employee data protection and data crisis management. Described by clients as “excellent, very pragmatic , efficient and completely client-oriented”, she works across a variety of sectors, including technology, retail, and financial services, and frequently manages multi-jurisdictional advice for international clients. Her practice includes advice on:<ul><li>cross-border labor and employment matters</li><li>employee litigation</li><li>data privacy compliance management</li><li>data security breach management</li><li>internal and regulatory investigations</li></ul>Annabel regularly helps senior management and HR executives with the “people” aspects of takeovers, restructuring projects, business and share sales, and outsourcings. She also advises employers in relation to sensitive claims, such as unlawful discrimination, equal pay, and whistleblowing. Annabel also advises on team moves.She supports her clients on all aspects of General Data Protection Regulation compliance and regularly advises organizations facing ICO enforcement action. She has developed particular specialties in complex areas, such as the collection and use of data relating to criminal offenses and the application of data protection law to insolvency practitioners.As an experienced litigator with experience in helping clients defend group litigation, Annabel helps clients develop their strategy for responding to regulatory action and court claims relating to the use of employee and customer personal data. She regularly designs and presents employment and data protection law training and updates to senior managers and HR executives and is involved in preparing responses to UK government consultations.In addition, Annabel is qualified to practice in the British Virgin Islands, where she spent three years advising on cross border commercial litigation and insolvency matters, including high value board and shareholder disputes, freezing orders, and third-party disclosure orders.

Annabel Gillham

Managing Partner, London

Jenny Galloway advises corporate clients and senior executives on a range of complex dispute resolution matters, including general commercial and corporate litigation, investigations and contentious regulatory matters. She has experience advising both UK and international clients, in addition to senior executives at multinational companies.Jenny has unique experience advising clients who are concurrently facing government investigations, civil liability, criminal exposure and reputational issues. She is currently advising a large multinational company involved in a high-profile UK Public Inquiry. She also advises companies and senior executives called upon to give evidence in UK Parliamentary Select Committee hearings. As part of this work, Jenny regularly works alongside media and public affairs advisers in assisting companies and individuals to manage reputational risk and adverse media coverage. She is particularly adept at managing large projects and bringing together multiple teams of third-party advisers to deliver coordinated solutions to clients.Before joining Morrison Foerster, Jenny completed secondments to the legal departments of three major UK and multinational banks. She also worked as the briefing officer to the Chairman of an international insurance exchange.Jenny received her LL.B. from King’s College London in 2012 and subsequently completed the Accelerated Legal Practice Course at BPP University, Holborn in 2013.Jenny is an advocate for improved social mobility in the legal sector. She is a founding member of 93% Professionals, a new professional network to improve outcomes in the workplace for those with a state-funded education.