Context
The UK government is handing authorities, including the data protection authority (the Information Commissioner’s Office – ICO), new powers that will give them the power to conduct their own financial investigations.
Key points to note
- The ICO applied for direct powers under the Proceeds of Crime Act (POCA) in November 2019, opening a consultation into the proposal.
- Accredited financial investigators at the ICO will now be able to conduct investigations, apply for restraint orders and carry out search and seizure exercises in circumstances where they believe cash has been obtained through or intended for use in criminal activities.
- The legislation allows financial investigators to discharge powers which are normally granted to law enforcement officials such as police officers.
- The amendments were made through the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2021, which will come into force on 28 June 2021.
Next actions
None- for information only