Data & Privacy Note
I. Introduction
- Purpose of the Notice: To inform clients, potential clients, and related third parties about data processing practices in the context of legal services.
- Scope: Covers data processing for clients, potential clients, and related third parties. Separate notices for staff and employees.
- Legal Framework: Complies with Data Protection Act 2018, Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, and UK GDPR.
- Overview: Explains the types of personal data collected, how it’s stored and handled, and how it’s kept safe.
- Contact Information: Encourages readers to reach out with questions.
II. Conditions for Processing Data
- Legal Basis for Processing (Article 6 GDPR):
- Contractual Obligations: Providing legal services, fulfilling agreements, meeting Legal Aid Agency obligations.
- Legitimate Interests: Business operations, quality audits, regulatory requirements.
- Legal Compliance: Responding to legal requirements, sharing data related to fraud or criminal activity.
- Consent: Processing data with explicit consent, such as for newsletters.
- Data Collection Points:
- When provided directly by the data subject (email, web form, phone, in person, post).
- When provided by third parties (opponent’s solicitors).
- Automatically through website visits (technical information).
III. Types of Data Collected
- Information Provided Directly:
- Contact details (name, address, email, phone).
- Passport/driving license copies, proof of address.
- Date of birth.
- Communication content.
- Payment and financial information, bank details.
- Demographic information (age, ethnicity, gender) if required by Legal Aid Agency.
- Case/legal problem information.
- Special category data (racial/
ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data, health data, sexual orientation
) when necessary for legal claims (Article 9(2)(f) GDPR).
- Information from Website/Third-Party Sources:
- Technical information (traffic data, location data, IP address, logs).
- Website usage information, arrival sources, links, ads, search terms.
- Information collected through cookies or pixels.
IV. How Data is Used
- Provision of Services:
- Delivering legal services.
- Managing client relationships and communication.
- Providing advice and guidance.
- Managing payments.
- Responding to complaints.
- Staff training and service quality measurement.
- Regulatory Compliance:
- Communicating with regulators and legislators.
- Complying with laws, regulations, and codes of conduct.
- Identity verification, fraud, credit, and anti-money laundering checks.
- Consent-Based Usage: Notifying about other services (with consent).
- Website Enhancement and Business Development:
- Responding to feedback.
- Enhancing online experience.
- Conducting research and surveys.
- Developing and managing services, including marketing.
- Understanding website journeys and user behavior.
- Website administration and security.
- Cookies: Usage and consent for cookies.
V. Data Protection
- Commitment to Data Protection: Treating data with care, recognizing sensitivity and confidentiality.
- Security Measures: Data protection and information security policies, regular assessments, IT system protection, password protection, encryption, monitoring for vulnerabilities and attacks, penetration testing.
VI. Data Retention
- Retention Periods:
- Matter files: Six years after the case ends (unless longer retention is required).
- Crime/fraud prevention data: Five years.
- Enquiries (no case): 18 months.
- Complaints files: Six years after the complaint is concluded.
- Financial information: Seven years (except cardholder data, which is generally destroyed after the transaction).
- Longer Retention: Possible in certain situations with notification.
VII. Data Sharing
- Sharing with Trusted Third Parties: Only when necessary for legal services or practice operation.
- Examples: Barristers, experts, translators, cost draftsmen, process servers, secure file storage, auditors, cloud storage providers.
- Data Processor Policy: Providing only necessary information, specifying usage purposes, ensuring privacy protection, data deletion/rendering.
VIII. Data Processing Location
- Data Storage and Processing: Within the United Kingdom (UK).
- International Data Sharing: Requires specific consent.
IX. Data Subject Rights (UK GDPR)
- Right to be informed.
- Right of access (data subject access request).
- Right to rectification.
- Right to erasure (right to be forgotten, not absolute).
Right to restrict processing.
Right to data portability.
Right to object.
Rights related to automated decision making
and profiling.
- Information Commissioner’s Office (ICO) link provided for more details.
X. Contact Details
- Contact for information, security, and rights exercise.
- Data Protection Officer: Miahela Padure.
- Contact email: [email protected]
XI. Links to Other Websites
- Disclaimer: No control over external websites, not responsible for their privacy practices.
XII. The Regulator
- Right to lodge a complaint with the Information Commissioner’s Office (ICO).
- Contact details for ICO provided.
XIII. Changes to This Notice
- Policy on Updating Notice: Changes will be posted on the website and provided directly to clients with ongoing instructions.
- Continued instructions signify agreement to changes.
- Version Information: Cookiebot 09.04.2024 / version 1.