English Judgment Shines Light On ICO Investigation Into Cambridge Analytica

On March 23, 2018, the Information Commissioner's Office (ICO) executed a warrant to enter and search the offices of Cambridge Analytica¹. The purpose of the search was to access records concerning its alleged use of personal data and analytics for political purposes. The ICO's raid attracted global media attention and, in May 2018, the companies comprising the Cambridge Analytica business were placed into administration.

Background

In a recent judgment, the English High Court considered whether Cambridge Analytica's CEO, Alexander Nix, had breached his directors' duties by mishandling the ICO's investigation so as to cause the raid and the resulting failure of the business. The Judge concluded that Mr Nix had not breached his duties, finding that there was "good reason" for the approach taken in Cambridge Analytica's dealings with the ICO. The judgment sets out how the ICO's investigation unfolded, in fascinating detail.