Monika is a barrister and partner in our Media and Information team. She has a specialist practice focusing on all aspects of data protection and information law. She is passionate about the protection of digital rights as human rights.
Monika acts for both claimants and defendants in litigation and provides advice to NGOs, campaigners, charities, inquiries, publishers, impact organisations and start-ups. As part of the Media team, her work covers sensitive and high-profile issues, often with an international element.
She is experienced in data protection, misuse of private information, breach of confidence and Human Rights Act claims. She has handled content takedown matters intersecting with freedom of expression issues; high-profile international cyber incidents; people (individually and collectively) pressing for compensation for loss or abuse of their data; complex data subject rights requests and Freedom of Information Act (FOI) requests made by journalists and campaigners.
On the advisory side, Monika has provided advice on reputation management, data protection law and compliance for organisations as varied as well-known charities, universities, government bodies and multinational companies. She is also Bindmans’ Data Protection Officer (DPO) which provides her with a unique insider’s perspective on the challenges facing DPOs.
She has been involved in advising on a range of cutting-edge issues such as online open source investigations (OOSI/OSINT); anonymisation and PETs; biometrics and facial recognition; cyber incident response and artificial intelligence.
Education and Career
- From 2006 – 2009, Monika studied a BA (Hons) Law at Emmanuel College, University of Cambridge
- In 2010 she was called to the Bar at Middle Temple as a Harmsworth Scholar
- Between 2011 – 2015, Monika qualified and practised as a Barrister at Pump Court Chambers
- She was then a senior associate in the Regulatory, Public Law and Commercial Litigation team at a large London law firm (includes information law, data protection and privacy) from 2015 – 2017
- From 2017 – 2021, Monika was a senior associate in the Data Privacy & Cybersecurity team at a global law firm
- In 2021 Monika joined Bindmans LLP as a partner
Experience
Pegasus Spyware Claims
- Representing a group of claimants challenging the global abuse of NSO’s phone hacking spyware (The Pegasus Files)
Bellingcat
- Collaboration with the Global Legal Action Network, advising an investigative journalism group on a methodology for online open source investigations (OOSI) for the purpose of collecting evidence for accountability proceedings; current projects are focused on the civilian harm in Yemen and the invasion of Ukraine
medConfidential
- Representing an NGO investigating causes of action arising out of data sharing of NHS patient data with a private AI company and calling upon 13 NHS Trusts to terminate their contracts (as covered in the Tech Press and supported by the Digital Freedom Fund)
ULEZ Camera Challenge
- Representing Open Rights Group and London Assembly member Sian Berry in launching a new legal challenge against the Mayor of London’s decision to allow the Met Police access to cameras monitoring the expanded Ultra Low Emission Zone
Data Breach Claims
- Providing advice to a confidential group of claimants on the fallout from major data breaches featured in the press, including the Lister Hospital / Stor-a-File cyberattack and the Suffolk Constabulary data breach
- Charmaine Wakelin v Marks & Spencer Plc
- Represented the claimant in a disability discrimination case centred around data breach/data protection issues, 10-day hearing at London Central Employment Tribunal, reported in The Times)
Media Law
- As part of the Media law team, Monika also provides advice to publishers, campaigners and NGOs on publication risks, data protection and privacy issues, reputation management and litigation, including the Association for Community Organisations for Reform Now Limited (ACORN), Amnesty International, Byline Times, Animal Aid, Freedom from Torture, Here for Good and TaxWatch
Cyber Incident Response
- Represented confidential global brands leading on cyber incident response following global ransomware attacks (e.g. Maze, Phobos, Blackbaud), including advice on breach notification; managing data subjects and litigation risks; data analysis; working alongside external forensics and PR and internal cyber incident response teams
- Represented a confidential confederation of public authorities providing multi-faceted advice on risks and litigation strategy arising from a ransomware attack on a supplier of forensics services
Reputation Management and Compliance Advice
- Represented a high-end national retail brand on all aspects of GDPR and e-Privacy compliance, including: a GDPR audit; proposed plans for loyalty schemes; data breaches and managing potential data breach litigation
- Advised an artificial intelligence company on facial recognition, biometrics, profiling and automated decision-making
- Advised institutional clients on legal and regulatory risks arising out of the ICO’s market investigation into the use of wealth screening companies for charitable and alumni fundraising
Represented companies, educational institutions and major charities – leading on GDPR / privacy programmes and audits, including fact-finding exercises and advice on discrete matters such as direct marketing; data subject rights requests; employee monitoring; joint controllership and the impact of Brexit and Covid-19
Recognition
Chambers and Partners 2023:
For Data Protection and Information Law (Bindmans is ranked Band 5):
- “Bindmans is recognised for working with individual claimants, NGOs and third sector clients. The team demonstrates experience in cross-border data sharing agreements and the transfer of personal data to third countries”
- “The team is hard-working and highly responsive”
- “The Bindmans team are very efficient and helpful. Their advice is always reassuring”
The Legal 500 2023:
For TMT (Technology, Media and Telecoms) > Reputation Management (Bindmans is ranked Tier 2):
- “Bindmans LLP provides expert advice on complex libel, privacy, data protection, and copyright disputes to both claimants and defendants…Data protection and cybersecurity barrister Monika Sobiecki has experience handling reputational fall-out from high-profile cyber incidents and content takedown proceedings”
- Feedback says “‘Monika Sobiecki is a very committed and engaged new partner”
For TMT (Technology, Media and Telecoms) > Media and Entertainment (including Media Finance) (Bindmans is ranked Tier 4):
- “The team at Bindmans LLP focus their expertise on representing both claimants and defendants in high-stakes media cases, with special expertise in matters pertaining to defamation, privacy, and data protection, regularly acting in high-profile, headline-making cases…The strength of Allen’s team has been bolstered by the recent arrival of Monika Sobiecki, a data protection and cyber security barrister with a focus on digital rights protection”
- “A brilliant media team. Able to deploy cross over skills to great effect”
- “Monika Sobiecki is a very committed and engaged new partner”
Awards
- In 2014 Monika won the Bar Pro Bono Award for her work with the Bar Pro Bono Unit (Advocate) and in setting up the Hackney Winter Night Shelter Legal Advice Clinic
Professional Memberships
- Monika is a member of the International Association of Privacy Professionals (IAPP)
- She holds both Certified Information Privacy Professional/Europe (CIPP/E) and Certified Information Privacy Manager (CIPM) qualifications
Publications
- UK Data Protection Overview – OneTrust DataGuidance – 2022/2023
- The Future Of UK Tech Law – The Online Safety Bill – Mondaq – 26 October 2022
- The Future Of UK Tech Law – Data Privacy Laws In The UK – Mondaq – 7 October 2022
- Data Protection Claims: A Fragmented Future – Mondaq – March 2022 and White Paper available here
- The ICO’s new Direct Marketing Code – Nick Graham & Monika Sobiecki – Privacy & Data Protection (PDP) Journal (January / February 2020) Volume 20, Issue 3
