UK Information Commissioner's Office Seeks Further Criminal Powers

The UK Information Commissioner recently published a consultation paper inviting views on the ICO’s proposal that it should be granted investigation and asset recovery powers under the Proceeds of Crime Act 2002 (“POCA”).

The powers the Information Commissioner is seeking at this time are:

• To apply to the court for Restraint Orders (under Part 2 of POCA);
• To apply to the court for Confiscation Orders (under Part 2 of POCA);
• Cash seizure, detention and forfeiture from premises (under Part 5, Chapter 3 of POCA);
• Asset seizure and forfeiture from premises (under Part 5, Chapter 3A of POCA);
• To undertake investigations (including search and seizure warrants) to support the proceedings sought above (under Part 8 of POCA); and