LPC Law Privacy Notice
LPC Law is aware of its obligations under the General Data Protection Regulation (the “GDPR”) and is committed to processing your data securely and transparently.
Under the GDPR, the ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the
purposes and means of the processing of personal data.
A ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
In most instances, LPC Law Ltd (“LPC Law”) is a Data Processor, acting upon the instructions of our client. The client is the Data Controller, who determines the purpose and the means. In those instances, you should refer to the Privacy Notice of the Controller to establish what types of data are collected, how that information is used and retained.
In some instances, LPC Law is a data controller (“controller”), for example where we are providing case management services. Where we are a controller, this notice applies.
This privacy notice sets out, in line with GDPR, the types of data that we collect and hold on you. Such data includes information relating to clients of LPC Law (the “Client”) and third parties (the “Parties”) provided by such clients for the purposes of instructions. It also sets out how we use that information, how long we keep it for and other relevant information about your data.
1. Data controller details
Our address is LPC Law, Level 34, 25 Canada Square, Canary Wharf, London E14 5LQ.
LPC Law is regulated by the Solicitors Regulation Authority (the “SRA”). We are required to adhere to the SRA’s Code of Conduct 2011 (as amended) (the “Code”). The Code requires us to achieve certain positive outcomes which will benefit both our clients and the public. These outcomes include ensuring client confidentiality, the protection of individuals’ personal data and that the SRA is able to obtain access to information/records relating to our practice and held by any of our third party service providers.
2. Data protection principles
In relation to personal data, we will:
· process it fairly, lawfully and in a clear, transparent way
· collect personal data only for specific and legitimate reasons
· only use it in the way that we have told you about
· ensure it is correct and up to date
· keep your data for only as long as we need it
· process it in a way designed to ensure it will not be lost, destroyed or used for anything that you are not aware of
3. Types of data we process
The types of data we hold about you may include the following:
· your personal details including your name, address, email address, phone numbers
· financial information
· medical or health information including whether or not you have a disability
4. How we collect your data
Where you are a Client, we collect data about you only as supplied by you when instructing LPC Law to provide you with legal services. This will usually start from your initial enquiry where we will collect the data from you directly, including:
· Firm/Company Name
· Contact Names
· Telephone Number
· Email Address
· Postal Address
· DX Address
We will also collect data relating to the hearing which you are instructing us to attend or the matter in which we are providing you with legal services. This information may include the personal data of the Parties.
Further information will be collected directly from the Client when you provide LPC Law with the relevant documentation in order to provide the legal services requested.
Where you are one of the Parties subject to legal proceedings, the data collected is as supplied to us by the Client in order to perform a contract and/or pursue the legitimate interests of the Client.
Personal data is held securely on our IT systems which are password protected and access to the information is restricted to those at LPC Law who require access to it to undertake their job.
5. Why we process your data
The law on data protection allows us to process your data for certain reasons only:
· in order to perform the contract that we are party to
· in order to carry out legally required duties
· in order for us to pursue the legitimate interests of LPC Law or the Client
· to protect your vital interests or those of another natural person
· where something is done in the public interest
All of the processing carried out by us falls into one of the permitted reasons. We will need to collect your personal data in order to carry out the contract that we have entered into with the Client.
We also need to collect your data to ensure we are complying with legal requirements, including but not limited to:
· The Equality Act 2010
· The Administration of Justice Act 1985
· The Money Laundering Regulations 2017
· The Protection of Harassment Act 1997
· The Bribery Act 2010 or any other applicable anti-corruption laws
We also process data so that we can carry out activities which are in the legitimate interests of LPC Law, for example to secure payment of LPC Law’s fees.
6. Special categories of data
Special categories of data are data relating to your:
· sex life
· sexual orientation
· ethnic origin
· political opinion
· trade union membership
· genetic and biometric data
We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when one or more of the following applies:
· you have given explicit consent to the processing
· we must process the data in order to carry out our legal obligations
· we must process data for reasons of substantial public interest
· the processing is necessary for the establishment, exercise or defence of legal claims
· you have already made the data public
We will use your special category data where necessary for the establishment, exercise or defence of legal claims. We do not need your consent in order to carry out the processing for this reason.
7. If you do not provide your data to us
One of the reasons for processing your data is to allow us to carry out our duties in line with our contract with the Client.
If, as the Client, you do not provide us with the data needed to do this, we will be unable to perform those duties.
As one of the Parties, the processing of your data is necessary for compliance with a legal obligation which we, as the controller, are subject to. The processing is necessary for the purposes of pursuing the legitimate interests of our Client.
8. Sharing your data
Your data will be shared with colleagues within LPC Law where it is necessary for them to undertake their duties.
We do not share your data with bodies outside of the European Economic Area.
A credit check is conducted on all new clients via Credit Safe.
Where an Advocate is required to attend a hearing at court on your behalf, the personal data provided will be shared with the Advocate in order for them to prepare for and attend the hearing. Similarly, should you require a written advice, the personal data provided will be shared with the appropriate Advocate.
A summary of the hearing will be shared with the Client and will contain personal data of the Parties.
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us.
9. Protecting your data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against this.
LPC Law has taken the following steps to protect the personal data of relevant individuals, which it holds or to which it has access:
i. It appoints or employs individuals with specific responsibilities for:
· The processing and controlling of data.
· The comprehensive reviewing and auditing of its data protection systems and procedures.
· Overseeing the effectiveness and integrity of all the data that must be protected.
ii. It provides its employees with information and training to make them aware of the importance of protecting personal data, to teach them how to do this, and to understand how to treat information confidentially.
iii. It can account for all personal data it holds, where it comes from, who it is shared with and also who it might be shared with.
iv. It carries out risk assessments as part of its reviewing activities to identify any vulnerabilities in its personal data handling and processing, and to take measures to reduce the risks of mishandling and potential breaches of data security. The procedure includes an assessment of the impact of both use and potential misuse of personal data in and by LPC Law.
v. It recognises the importance of seeking individuals’ consent (where appropriate) for obtaining, recording, using, sharing, storing and retaining their personal data, and regularly reviews its procedures for doing so, including the audit trails that are needed and are followed for all consent decisions. LPC Law understands that consent must be freely given, specific, informed and unambiguous. LPC Law will seek consent on a specific and individual basis where appropriate. Full information will be given regarding the activities about which consent is sought. Relevant individuals have the absolute and unimpeded right to withdraw that consent at any time.
vi. It has the appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including where these are caused by security breaches. It is aware of its duty to report breaches that cause significant harm to the affected individuals to the Information Commissioner and to the data subject, and is aware of the possible consequences.
vii. To understand the implications of the transfer of personal data internationally.
Where access to your data is required, the following apply:
i. The principle of least privilege is always applied. This means that people are only given the minimum amount of access to a resource that is required for them to undertake their role.
ii. Access to personal data is password protected. Passwords must meet the specified complexity requirements and must be kept confidential to the user and not shared with anyone.
iii. We regularly monitor our system for possible vulnerabilities and attacks.
iv. All emails to and from LPC Law are encrypted using TLS as long as the receiving/sending server supports it.
v. All communication via the web portal is also encrypted using TLS. This is forced by the server so unencrypted communication is prohibited.
vi. All hearing bundles that contain client and personal information are encrypted at rest on disk using 256bit strong encryption.
vii. LPC Law is Payment Card Industry Data Security Standard (PCI DSS) Compliant. LPC Law does not store any of your card payment data. Your card payment data is processed by World Pay.
viii. Where we share your data with third parties, we have a written agreement with them to ensure that your data is held securely and in line with GDPR requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
10. How long we keep your data for
In line with data protection principles, we only keep your data for as long as we need it for.
Where LPC Law are instructed to provide advocacy services only and receive papers from the client in relation to those advocacy services, any electronic papers (whether uploaded from hard copy papers or received electronically from the client) are kept for 6 months after the date of the hearing.
The letter of instruction is retained for 6 years to align with the accounting requirements of a limited company.
We are required to retain client files for a period of 7 years after the date of the last invoice or last contact from the client in order to respond to any claims made during the limitation period.
11. Automated decision making
No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
12. Your rights in relation to your data
The law on data protection gives you certain rights in relation to the data we hold on you. These are:
· The right to be informed. This means that we must tell you how we use your data and this is the purpose of this privacy notice.
· The right of access. You have the right to access the data that we hold on you. To do so, you should make a subject access request. This information will be provided free of charge, unless a request is manifestly unfounded or excessive, particularly if it is repetitive. In such circumstances, LPC Law may charge a reasonable fee to respond or may refuse the request.
· The right for any inaccuracies to be corrected. If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it.
· The right to have information deleted. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it.
· The right to restrict the processing of the data. For example, if you believe the data we hold is incorrect, we will stop processing the data (whilst still holding it) until we have ensured that the data is correct.
· The right to portability. You may transfer the data that we hold on you for your own purposes.
· The right to object to the inclusion of any information. You have the right to object to the way we use your data where we are using it for our legitimate interests.
· The right to regulate any automated decision-making and profiling of personal data. You have a right not to be subject to automated decision making in way that adversely affects your legal rights.
Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.
If you wish to exercise any of the rights explained above, please contact Alex Cunliffe at Alex.Cunliffe@lpc-law.co.uk.
13. Making a complaint
The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.
14. Data Protection Officer
The Company’s Data Protection Officer is Alex Cunliffe who can be can be contacted at Alex.Cunliffe@lpc-law.co.uk.