Retention and Erasure of Data
MacLachlan Solicitors Ltd
MacLachlan Solicitors Ltd is a limited company incorporated in England and Wales (registered company number 7520343) and is a ‘controller’ under the General Data Protection Regulations and the Data Protection Act 1998.
Whose data do we hold?
We may hold data about the following people:
- Customers and clients
- Suppliers and service providers
- Advisers, consultants and other professional experts
- Complainants and enquirers
What data will we collect?
We will only collect information from you that is relevant to the matter that we are dealing with. In particular we may collect the following information from you which is defined as ‘personal data’:
- Personal details
- Family, lifestyle and social circumstances
- Financial details
- Business activities of the person whose details we are processing
We may also collect information that is referred to as being in a ‘special category’. This could include:
- Physical or mental health details
- Racial or ethnic origin
- Religious beliefs or other beliefs of a similar nature
- Criminal convictions
- Sexual orientation
Basis for processing
The basis on which we process your personal data is one or more of the following:
- It is necessary for the performance of our contract with you
- It is necessary for us to comply with a legal obligation
- It is in our legitimate interests to do so
- You have given us your consent (this can be withdrawn at any time by advising our data protection officer)
How will we use your data?
We may use your information for the following purposes:
- Provision of legal services including advising and acting on behalf of clients
- Promotion of our goods and services
- Provision of education and training to customers and clients
- Maintaining accounts and records
- Supporting and managing staff
Who will we share your information with?
Under our Code of Conduct there are very strict rules about who we can share your information with and this will normally be limited to other people who will assist with your matter. This may include but not exclusively be limited to:
- Medical Experts
- Insurance companies
- Private Investigators
- Healthcare professions, social and welfare organisations
- Courts and Tribunals
- Central Government Departments
Where you authorise we may also disclose your information to your family, associates or representatives.
How long will we keep your information for? Data Retention Policy
- We will normally keep your information throughout the period of time that we do work for you and afterwards for a minimum period of six years pursuant to our terms and conditions of business as we are required to do by law and also by the professional regulations that apply to us.
- In some cases (for example where we have prepared a Will for you) we may retain your information for a longer period of time normally until your consent is withdrawn or on your death.
- More information is set out in our data retention policy which is available on request from the Data Protection Officer
Data Erasure Policy
- Hard copies of your information will be destroyed at the end of the relevant retention period contained in your terms and conditions of business and file closing letter with the exception of any Wills, deeds or securities which we have agreed to hold for you.
- Digital data relating to your personal details such as your address telephone number and email along with copies of your identification, bank details and documents will be retained to allow us to comply with our professional rules of conduct and other legislation unless you request erasure pursuant to Article 17 of the GDPR.
- Please contact Mark Griffin our Data Protection Officer should you wish to request erasure.
Transfers to third countries
- We may from time to time transfer your personal data to a country outside of the EEA.
- Normally this will be necessary for the performance of your contract with us or for the exercise or defence of legal claims on your behalf.
- Sometimes we may transfer for other reasons and we will ensure that appropriate safeguards are in place at all times.
- We shall ensure that all the information that you provide to us is kept secure using appropriate technical and organisational measures.
- In the event of a personal data breach we have in place procedures to ensure that the effects of such a breach are minimised and shall liaise with the ICO and with you as required by the provisions contained in current legislation.
- More information is available from the Data Protection Officer.
What rights do you have?
You have the following rights under the GDPR:
- Right to be informed
- Right of access
- Right of rectification
- Right to erasure
- Right to restriction of processing
- Right to data portability
- Right to object
- Rights concerning automated decision making and profiling
Right of access
- You have a right to see the information that we hold about you
- To access this you need to provide a request in writing to our Data Protection Officer, together with proof of identity
- We will usually process your request free of charge and within 30 days however we reserve the right to charge a reasonable administration fee and to extend the period of time by a further two months if the request is manifestly unfounded or vexatious and/or is very complex.
- Please contact our Data Protection Officer Mark Griffin who will then provide you with a form to complete and return to us with proof of identification
Right to Erasure
- You have a right to ask us to erase your personal data in certain cases (details may be found in Article 17 of the GDPR)
- We will deal with your request free of charge and within 30 days but reserve the right to refuse to erase information that we are required to retain by law or regulation, or that is required to exercise or defend legal claims.
- To exercise your right to erasure please contact our Data Protection Officer Mark Griffin who will provide you with a form to complete with your proof of identification (copy passport or driving licence or other suitable photographic identification).
Who can you complain to?
- If you are unhappy about how we are using your information or how we have responded to your request then initially you should contact the Data Protection Officer – Mark Griffin of Blackmore Vale House Newbury Gillingham Dorset SP8 4QJ on 01747 822103 or by email firstname.lastname@example.org
- If your complaint remains unresolved then you can contact the Information Commissioner’s Office, details available at ico.org.uk