The ICO exists to empower you through information.

1. Is your organisation, or the organisation you are processing data for, a competent authority?

A ‘competent authority’ is an organisation that has law enforcement or investigatory functions, such as:

  • the police;
  • National Crime Agency;
  • Government departments;
  • the courts;
  • the Director of Public Prosecutions;
  • The Crown Office and Procurator Service;
  • The Public Prosecution Service NI;
  • the Lord Advocate;
  • UK Border Force;
  • prisons;
  • the Commissioners of HM Revenue and Customs;
  • Parole Boards or Parole Commissioners for Northern Ireland;
  • Police Ombudsman’s office for Northern Ireland;
  • Police Investigations & Review Commissioner;
  • HM Land Registry;
  • Driver and Vehicle Agency Northern Ireland (DVANI);
  • TV Licensing; and
  • the Information Commissioner’s Office.

An organisation could also be a law enforcement authority if they have a legal power to process personal data for law enforcement purposes, for example:

  • local authorities in Scotland and Northern Ireland when investigating trading standards offences; and
  • the Environment Agency, The Northern Ireland Environment Agency and The Scottish Environmental Protection Agency when prosecuting environmental offences.

Intelligence services such as the Security Service or the Secret Intelligence Service are not law enforcement authorities.