CLIENT PRIVACY NOTICE
From 25 May 2018 how we use your personal data is governed by the European Union’s General Data Protection Regulations, subject to the obligations and rules imposed on us by the Solicitors Regulation Authority and Legal Aid Agency (for legally aided matters).
All staff members at Shaw Graham Kersh may collect your data for use in your case and are therefore ‘data controllers’ under the GDPR.
What data do we hold about you?
Data we hold about you comprises information and instructions with which you provide us; any information or material received from other parties in the Criminal Justice system such as, but not limited to, the police and other investigatory bodies, the Crown Prosecution Service and other prosecuting bodies, courts, prisons and probation service; information or material received from your relatives, friends and witnesses, including expert witnesses such as doctors and associated medical records.
This may include special categories of personal data such as your racial or ethnic origin, political, religious or philosophical beliefs, trade union membership, health data, and information concerning your sexual orientation and sex life according to what information is relevant to your case.
What is the legal basis for processing the data?
This information is held with your consent, as conferred through your retainer with us, and/or on the basis of a legitimate interest due to our instruction in your case, and is held so that we can represent you and act in your best interests.
How will your information be used?
The information we hold about you will be used in the case in which we are instructed and is subject to Legal Professional Privilege. It may also be used in any other of your cases, where there is more than one, in which we are also instructed subject to your consent and/or a legitimate interest in doing so.
Who do we share your information with?
Your information will be shared between staff in the office in order that this firm can properly represent you, including administrative staff and the firm’s accountant. It will also be shared with any barristers, high court advocates or agent solicitors instructed to represent you.
Your information is shared with other parties in the Criminal Justice System including, but not limited to, the police and other investigatory bodies, the Crown Prosecution Service and other prosecuting bodies, courts, prisons, probation service and co-defending solicitors with your consent and/or where there is a legitimate interest in doing so ie. in a bail application, Defence Statement, or the provision of your defence otherwise, in the proper conduct of your case but subject to Legal Professional Privilege.
Should there be a need to instruct an expert witness or intermediary in your case we will obtain your consent to share your information with them. Likewise, should you require an interpreter our data will be shared with them sufficient to enable them to interpret or translate as required.
Your information is only shared with your friends and relatives with your specific consent.
Your information will be shared with the Legal Aid Agency and/or Criminal Cases Unit in legally aided matters or those subject to a Defence Costs Order or a funding order made under s.38 Youth Justice and Criminal Evidence Act 1999 in order to secure payment.
Your information may be shared with Lexcel and the Legal Aid Agency, including solicitors from other firms nominated by the LAA to conduct their Peer Reviews, as required to enable us to remain accredited and to retain our legal aid contract. If you object to your information being shared for our audit and accreditation purposes please inform the fee earner with conduct of your case.
3rd party companies who assist our business such as telecoms, IT and insurance companies may have access to your data but they are required to confirm that they will treat it confidentially in accordance with our own Data Protection policy.
At the conclusion of your case you will be informed in writing how long your case papers will be stored as we are required to do by the Solicitors Regulation Authority. This will be for a minimum of 6 years but may be longer depending on the outcome of your case. Once this period ends, your physical and digital case papers will be destroyed within 12 months.
We permanently retain on our client database and billing software your basic personal information, such as name and date of birth, sufficient to be able to identify you in order to undertake conflict checks as we are required to do by the Solicitors Regulation Authority.
Your rights under the GDPR
- the right to be informed
- the right of access
- the right to rectification
- the right to erasure
- the right to restrict processing
- the right to data portability
- the right to object, and
- the right not to be subject to automated decision-making including profiling
Please note that the above rights are subject to the obligations and rules imposed upon us by the Solicitors Regulation Authority.
Subject access requests
Raymond Shaw is our Data Protection Officer and any subject access requests should be directed to him by email: firstname.lastname@example.org. We are required to respond within 1 month to any such requests unless they are particularly complex or you have made repeated requests where it may take us longer. In these circumstances we will notify you that we have received your request and keep you updated.
You will not be required to pay a fee to access your personal data or exercise any of your rights under the GDPR. However, if your request is clearly unfounded, repetitive or excessive, we reserve the right to either charge a reasonable fee or refuse to comply.
You have the right to make a complaint to the Information Commissioner’s Office (ICO: https://ico.org.uk) if you believe we have breached your rights under the GDPR, but we ask that you contact us first to ty and resolve any issue.
Please note that this firm does not use any personal information for marketing purposes. We refer to some cases on our website and Twitter feed but these are anonymised unless you give us your specific consent to include your identifying details.