Privacy Policy
1. Introduction
As a solicitor, maintaining client confidentiality, including data privacy, has always been of the utmost importance to me. I therefore set out below details of my policy.
2. Client File Data
When you instruct me to act on your behalf and to provide legal services, I will need to collect information from you to enable me to deal with your legal matter. I will collect and store basic information on your individual client file such as your full name, title, correspondence and billing address, email address, phone numbers, and general contact details and preferences, your National Insurance Number, and your date of birth.
I will also need to collect other information as necessary and relevant to the particular service being provided to you. For example if I am preparing a will I will need to collect the names and addresses of friends or relatives or other persons to be named as beneficiaries or executors or information concerning your assets and liabilities. If I am preparing a Lasting Power of Attorney I will need to collect information concerning the person(s) you wish to appoint as your attorney (s) and any persons whom you wish to be notified in the event of the registration of any Power of Attorney.
I process this data to supply legal services to you in accordance with instructions received from you and also to update and enhance my records relating to you on my systems and for legal and regulatory compliance. My lawful ground for this is your consent to the processing and that processing is required for the proper performance of the instructions which you have given to me to act for you in a particular matter.
3. Client Contact Data
This is the data I use to contact you including your correspondence address, email address and telephone number. My lawful ground for this processing is consent to provide legal services to you.
4. Client Identity Verification Documentation
To comply with the Money Laundering Regulations I will need to examine and maintain copies of documentation to verifying the identity of my clients. Typically, this will include a copy of your Passport or Photo-Card Driving Licence and utility bills or bank statements sent to you within the last 3 months. My lawful ground for this processing this data is to comply with our legal obligations and to assist in the detection/prevention of fraud or other harmful acts.
5. Communication Data
Communication Data includes any communication that you send to me. I process this data for the purposes of communicating with you, to enable me to provide legal services to you, for record keeping and for the establishment, pursuance or defence of legal claims. My lawful ground for this processing is my legitimate interests which in this case are to reply to communications sent to me, to keep records and to establish, pursue or defend legal claims.
6. Sensitive Data
Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health genetic and biometric data. I do not collect any information about criminal convictions and offences. Generally, I do not collect any Sensitive Data about my clients. The exception being that if I am preparing a Will or Power of Attorney for a client it may be appropriate to obtain the opinion of a client’s GP or another medical practitioner regarding the client’s capacity to make a valid Will or Power of Attorney.
When this is appropriate, I shall of course obtain your consent before making any approach to your GP or other medical practitioner. My lawful ground for this processing is that you consent to enable me to provide legal services to you. Where I am required to collect personal data by law, and you do not provide me with that data when requested, I may not be able to provide the legal service you require and have to withdraw from providing legal services to you. If this is the case, I will notify you at the time.
7. General Principles
I will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. In case I need to use your details for an unrelated new purpose I will let you know and explain the legal grounds for processing. I will only use your personal data when the law allows me to. Most commonly, I will use your personal data in the following circumstances:
To provide legal services required by you.
Where it is necessary for either your legitimate interests or for my legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
Where I need to comply with a legal or regulatory obligation.
I may process your personal data without your knowledge or consent where this is required or permitted by law.
8. Disclosures of your Personal Data
I may have to share some of your personal data with the parties set out below:
Government bodies that require me to report processing activities.
Government departments such as HMRC to whom I may need to submit tax returns.
Court of Protection, Office of the Public Guardian, Probate Registry as required to enable me to fulfil my obligation to provide legal services to you by registering or making other applications in respect of Lasting Powers of Attorney.
Professional advisers including lawyers, auditors and insurers
9. Data Retention
I will only retain your personal data for as long as necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and to comply with my legal obligations.
When deciding what the correct time is to keep the data for, I look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements. For tax purposes the law requires me to keep basic information about my clients (including contact, identity, financial and transaction data) for six years after they stop being clients. If you no longer wish us to use your information to provide legal services to you, you can ask us erase your personal information after the applicable minimum time. Please note that if you request the erasure of your personal information I may retain some of your personal information as necessary for my legitimate business interests, such as fraud detection and prevention, and enhancing safety. In some circumstances I may anonymise your personal data for research or statistical purposes in which case I may use this information indefinitely without further notice to you.
10. Legal Rights
Under data protection laws individuals are given rights in relation to their personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
In relation to solicitors there are exceptions to some of these rights. If you wish to exercise any of the rights set out above, please email me. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances. I may need to request specific information from you to help me confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. I may also contact you to ask you for further information in relation to your request to speed up my response. I shall respond to all legitimate as soon as reasonably practicable. If you are not happy with any aspect of how I collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). I would be grateful if you would contact me first if you do have a complaint so that I can try to resolve it for you.
Client Care and Complaints Procedure:
I wish to provide you with a professional and efficient service and will keep my clients informed throughout. Wherever possible I shall contact you by email and text messaging at key stages and upon developments. I believe this provides fast and environmentally friendly communication. Please check your emails regularly. Where you do not have an email facility I shall use other forms of communication.
I will try to avoid the use of legal jargon where possible. If there is anything in my communications to you which requires any further explanation or clarification please do not hesitate to let me know.
I hope that you will be delighted with my service. However, should there be any aspect with which you are unhappy please notify me immediately and I will try to resolve any issues as quickly as possible. I will investigate your concerns objectively and try to provide a speedy and positive solution within 10 working days or if the matter is complex and it takes longer to deal with your complaint we will notify you within 10 working days and provide an approximate timescale for a response and if considered helpful to arrange a meeting with you.
If at the end of the complaints process you are not satisfied you have a right to complain to the Legal Ombudsman after a period of eight weeks.
The Legal Ombudsman can be contacted by telephone on 0300 555 0333 or through their website at https://www.legalombudsman.org.uk or by post to
Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
or by email to -
enquiries@legalombudsman.org.uk