Denham back in dock after joining Facebook's law firm

Former UK Information Commissioner Elizabeth Denham has raised more than a few eyebrows by landing a consulting role at the law firm which represented Facebook against the regulator during the Cambridge Analytica scandal and secured a controversial settlement.

Global law firm Baker McKenzie announced it had hired Denham as a consultant just days after she left her role, which she held for five years.

As the Commissioner role does not come under the Civil Service, Denham is free to join any business she wants, although many observers have aired their disdain; she will begin work in Baker McKenzie’s London office in January.

Denham’s five-year reign at the regulator was not without controversy, with accusations that under her watch the regulator chased headlines, did little to curb so-called nuisance calls, wasted money on travel expenses, failed to act on the long-running adtech data breach, was forced to climbdown on huge GDPR fines and failed to enforce the Freedom of Information Act instead of doing its job as a regulator. The ICO refuted all allegations.

But perhaps one of the most controversial was its handling of the Cambridge Analytical scandal, amid claims Denham had made a song and dance of the issue, including raids on the firm’s London offices and numerous TV appearances to insist she was very concerned about the issue and Facebook’s involvement.

In the end, however, the “scandal” proved little more than a storm in a tea cup, despite numerous conspiracy theories; Cambridge Analytica went bust while Facebook agreed to pay a £500,000 ICO fine for two breaches of data protection laws but only after a bizarre settlement in which it made no admission of liability.

James Ball, global editor of The Bureau, tweeted: “Elizabeth Denham: has, at least, never failed to live down to expectations. As information commissioner, she let FOI wither and die, picked high-profile but futile fights over data protection, and has now swapped sides at the first opportunity.”

Alex Runswick of Transparency International told Politco: “When senior regulators turn from gamekeepers to poachers, it raises questions as to whether they’ll use privileged information in their new role and if they had gone easy on their new employer prior to joining in order to curry favour.

“The UK needs tougher controls over top officials entering and leaving public office to protect against these subtle yet nonetheless damaging forms of corruption.”

Jo Maugham, director of NGO the Good Law Project, which has led campaigns pushing for higher standards in British public life, said: “It seems extraordinary to me that the rules permit [Denham] to take that knowledge — with no temporal firebreak — to a professional services firm whose clients include Facebook.”

The ICO said that the former Commissioner is required by law to maintain the confidentiality of the information she received as part of her job, but that “there are no restrictions” on the work she can do. It added that it has strict policies governing the declaration of any interests, and that “no conflict of interest has been identified with regard to this role”.

Denham told Politico that legal confidentiality requirements, which carry criminal liability, and contractual terms with Baker McKenzie address possible conflicts of interest.

She told the website: “I start my role in January and by contract I am bound by a minimum one year cooling off period with regard to my former office. With these legal and contractual conditions possible conflicts will be addressed and my role carried out with high standards of integrity.”

A Baker McKenzie spokesperson added: “Baker McKenzie has a firm commitment to good governance and the rule of law, which is one of the reasons why we are so excited to have Elizabeth join us and bring that regulator’s perspective to our team.”