At Howard Agency, we specialise in investigations and process serving for solicitors and local authorities. As a trusted private investigation firm, it’s our duty to handle personal data with the highest level of care and professionalism. With the UK’s data protection laws set to change again in 2025, it’s essential that we and others in our sector understand the latest developments and what they mean in practice.
Here’s what businesses need to consider.
Understanding the new UK data bill
The UK Government is introducing a new Data (Use and Access) Bill, aimed at refining the UK GDPR post-Brexit. Rather than replacing the existing framework, this legislation is designed to simplify compliance and reduce unnecessary red tape, particularly for smaller businesses like ours.
For process servers and investigation agencies handling sensitive personal information, the changes mean there will be more clarity around when and how data can be processed especially where there is a clear legal purpose.
Recognised legitimate interests
One of the biggest changes is the introduction of a defined list of “recognised legitimate interests.” For example, the prevention of fraud, safeguarding national security, and maintaining public safety are all included as is the operation of a legal claim. This is good news for investigators where the lawful processing of data is a fundamental part of our role. These interests may now be relied on without needing to conduct a Legitimate Interest Assessment in every instance.
Changes to data subject access requests (DSARs)
Currently, individuals can request access to the personal data held about them, and businesses are required to respond in full. Under the new bill, organisations will be allowed to carry out “reasonable and proportionate” searches. This could reduce the administrative burden when dealing with requests that are excessive or designed to obstruct ongoing legal proceedings.
Automated decision-making
The proposed reforms would also ease restrictions on automated decision-making, so long as there are appropriate safeguards in place. While this may not affect all private investigators directly, it could have implications for those using advanced tools or software that profile individuals.
Higher penalties under PECR
The bill also aligns the Privacy and Electronic Communications Regulations (PECR) with UK GDPR, meaning breaches of electronic marketing or communications rules could carry fines of up to £17.5 million or 4% of global turnover whichever is higher. This underscores the need for secure, compliant communication processes, especially when delivering legal documents or handling personal data via email.
International data transfers
If your business involves sharing data outside the UK, for example, working with overseas contacts, the bill introduces a more flexible, risk-based approach. While the EU still requires “essential equivalence,” the UK is moving toward a standard of “not materially lower,” which may benefit firms working across borders.
EU adequacy concerns
It’s worth noting that the EU’s data adequacy agreement with the UK is due to expire in June 2025. There is a strong possibility it will be extended, but this is not yet confirmed. For now, businesses should continue to follow best practice and ensure their data handling procedures meet the highest standards.
What this means for you
At Howard Agency, we take compliance seriously. Whether we’re supporting solicitors with process serving or undertaking discreet investigations, protecting our clients’ data is part of everything we do. These changes should help simplify certain processes without compromising individual privacy.
However, it’s also a reminder to review policies, contracts, and procedures particularly those relating to lawful data processing, data sharing, and client communications.
If you’d like to speak to us about how we handle personal data as part of our process serving and investigation services, please get in touch. Transparency and professionalism are at the heart of what we do.
