General Data Protection Regulations Privacy Notice on behalf of Falcon Legal Solicitors Limited (‘Falcon’) How the Law Protects you
The purpose of this notice is to deal with the new General Data Protection Regulations which was effective from 25th of May 2018 which ensures that we use your personal information only if we have a proper reason to do so. This includes sharing it outside the Company. Compensation for anyone who has suffered serious injury or harm as a result of negligent treatment given to them by doctors or hospital staff who have not acted properly.
The law says we must have one or
more of these reasons for using your data:
- To fulfil a contract we have with you to provide our services;
- Where it is our legal duty;
- When it is in our legitimate interest;
- When you consent to the use of the data;
There is a proviso to the legislation that such positive acquiescence does not need to be given by those members of any organisation where there is a legitimate interest in processing the information. A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.
Applying that to this company Falcon Legal Solicitors Limited, the position would be that a notice to the clients would be sufficient without there needing to be a positive response from individual clients as to the processing of their information.
The principle of legitimate interest is
supported by three tests as follows:
The first is the purpose test as to whether we are pursuing a legitimate interest in using the material. I hope you agree that using your data for the purposes of communicating with you is a legitimate purpose.
The second test is the necessity test as to whether the processing of the information is necessary for that purpose and I hope you agree that it is necessary to process your data for the purpose of communicating with you.
The third test is the balancing test as to whether your individual interests override the legitimate interest in using this information.
Our view on advice is that necessity test under various heads is satisfied as long as:
The data is restricted to using it for the purpose of communicating with those clients for whom work is carried out by this firm who have been provided with this privacy notice.
The letter of engagement shall provide details of the data controller. Currently the data controller is Ms Jeet Bamrah who is a sole practitioner and can be contacted through email@example.com.
That the purposes for which the data will be processed is for purposes of pursuing your claim as per your instructions and terms agreed with this Company.
That the data will not be transferred to any other organisation other than the people directly involved in your case.
That subject access requests can be made on application to Jeet Bamrah.
That complaints can be addressed to the Information Commissioner’s Office.
That you have the right to deletion restriction or amendment of your data.
That the data will be deleted after 6 years unless it is retained for the purposes of recovering of legal costs or any part of your claim or if the information held on your case is linked to another case in which you are party.
That there are no circumstances in which the data will be transferred out of the European Economic Community (except by the United Kingdom completing Brexit in which case the legislation will be replicated in United Kingdom legislation).
That clients will have the option at all times requiring their details to be actually deleted or amended without delay.
That clients personal data will not be transferred or indirectly made available to sponsors or other third parties without specific informed opt in consent.
On the above basis this is a Privacy Notice in relation to your data to comply with the terms of the General Data Protection Regulations. If you wish this firm to deal with your data in some other way then please advise.