Aaminah Khan
Aaminah specialises primarily in Information Law and Regulatory work, with particular experience in data protection, having spent 11 years in-house at the Information Commissioner’s Office (ICO).
Whilst at the ICO, Aaminah advised on some of the most high profile and complex investigations undertaken by the ICO, including the Consulting Association (construction blacklisting case – undertaking the prosecution of the holder of the blacklist), Operation Spruce (ICO investigation of blue chip clients instructing private investigators) and was part of the legal team advising in Operation Cederberg (investigation into data misuse in political campaigns involving Cambridge Analytica/Facebook).Aaminah advises in all aspects of data protection and GDPR compliance, with a particular interest in data subjects’ rights such as Subject Access Requests (SAR), having experience of advising both data controllers and data subjects in respect of disputes arising from SARs, including in respect of making court applications for compliance orders. Whilst at the ICO, she advised in respect of the first Enforcement Notice issued in respect of a failed SAR, including conducting the subsequent appeal before the Information Tribunal.
Aaminah also has experience of advising clients in respect of the handling and reporting of security incidents, as well as the subsequent regulatory investigation. She has developed particular specialist experience in relation to claims for damages and other remedies arising from data protection breaches, as well as breach of confidence and misuse of private information claims. Aaminah has also advised in respect of making applications for interim and final injunctions in disputes with a data protection aspect,
Aaminah has extensive experience of advising in relation to and the prosecution of data protection offences, having been the lead in-house prosecutor at the ICO during her time at the employed Bar, advising from the early stages of an investigation up to and including confiscation proceedings. As well as prosecuting information law offences, Aaminah has a particular interest in the overlap with other offences and cybercrime more generally, having experience of the prosecution of Computer Misuse Act offences on behalf of the ICO.
Aaminah has been a prosecutor throughout her career and has particular expertise advising on data protection issues that arise in the context of the criminal justice system, having been the lawyer with conduct of the ICO’s investigations into the data protection issues arising from Mobile Phone Extraction in policing and the use of complainants’ data obtained by third parties (linked Operations Kegon and Edessa).
Aaminah also has experience of advising in respect of the wider range of Information Acts, including the Freedom of Information Act 2000 (on the application of exemptions and investigations into the offence of concealing or destroying information under section 77) and the Privacy and Electronic Communication Regulations (advising on investigations into breaches and advice on electronic marketing).
Aaminah is developing wider regulatory experience in professional regulation and has been appointed as a Legally Qualified Chair and Assessor for the Medical Practitioners Tribunal Service MPTS, as well as a legal advisor for the General Optical Council.