Privacy Notice

General Data Protection Regulation (“GDPR”)

This is the Privacy Notice under the GDPR of John Cabot, a solicitor in private practice as John F S Cabot, solicitors, practicing from Suite 9, 27 Ackmar Road London SW6 4UR. I am the person who collects, uses and is responsible for personal information about you. When I do this, I am the “controller” of this information for the purposes of the GDPR and the Data Protection Act 2018.

It is important that you read this Privacy Notice carefully.

It contains information about the information that will be collected, stored and processed about you and the reasons for the processing. It also tells you who I share this information with, what security mechanisms I have put in place to protect your data and how to contact me should you need further information.

 

SECTION A

INFORMATION THAT IS COLLECTED AND WHAT I DO WITH IT

Depending on the work I do for you the information that I hold about you is provided to me during the course of your matter, case and/or proceedings. When I carry out legal services for you I collect part or all of the following personal information you provide:-

i. personal and family details including lifestyle and financial information
ii. education and employment details
iii. physical or mental health details including sex life or sexual orientation and genetic data
iv. racial or ethnic origin
v. political attitudes
vi. trade union membership
vii. religious or other beliefs
viii. criminal proceedings including convictions and sentencing
ix. other personal data relevant to your instructions that I provide you with legal services.

Information collected from other sources.

I may collect information about you from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts, tribunals, investigators, government departments, regulators, public records, registers and databases that I subscribe to or have access to.

 

SECTION B

THE PURPOSES FOR WHICH I MAY USE YOUR PERSONAL INFORMATION

When you instruct me on a matter or case your personal information has to be provided to me so that I can provide you with advice or representation. It also enables me to comply with my professional obligations and keep accounting records.

Examples of the purposes I might use your personal information include but not limited to the following:-

a. to provide legal services to you, including legal advice and representation in courts, tribunals, arbitrations, and mediations. It may include research, advice by experts and support from third parties
b. to take, defend legal or regulatory proceedings or to exercise a lien
c. to check potential conflicts of interest
d. to undertake anti-money laundering and terrorist financing checks
e. to publish legal judgments and decisions of courts and tribunals
f. to respond to potential complaints or make complaints
g. to keep accounting records and carry out office administration
h. as required or permitted by law.

The legal basis for processing your personal information

I rely on the following as the lawful bases on which I collect and use your personal information:

  • If you have consented to the processing of your personal information, then I may process your information for the purposes set out above to the extent to which you have consented to me doing so.
  • As a client; processing is necessary for the performance of the legal services I provide to you.
  • In Section A above the categories (iii) to (viii) contain sensitive information about you so I rely on your consent for the processing of this information for the purposes in Section B above namely; (a), (f) & (g). If you do not consent to (a) & (f) I will be unable to act for you because I need to be able to retain all the material about your case until there is no prospect of a complaint.
  • In Section A above because the information in categories (iii) to (viii) can include sensitive information such as information about criminal convictions or proceedings I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
  • In Section A above and specifically information which is not in categories (iii) to (viii), I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the purposes in Section B above.
  • It may be necessary, in certain circumstances, to process your personal information so that I can comply with a legal obligation to which I am subject.

 

SECTION C

WITH WHOM WILL I SHARE YOUR PERSONAL INFORMATION?

As a client, some of the information you provide is protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a solicitor I have an obligation to keep your information confidential, except where it becomes public or is disclosed as part of the case or proceedings.

In addition, it will be necessary to share your information with some of the following categories of persons and/or organisations:

  • other legal professionals including barristers and their clerks
  • experts and other witnesses
  • prosecution authorities
  • courts and tribunals
  • family, relatives and associates
  • current, past or prospective employers
  • third party researchers/logistical support providers
  • in the event of complaints, the Law Society, the Solicitors Regulation Authority, the Legal Ombudsman and other regulatory authorities

• data processors, such as IT support staff, email providers, data storage providers
• business associates, professional advisers and trade bodies, e.g. the Law Society
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals

If I am required to provide your information to the Information Commissioner’s Office you should be aware your information, including privileged information, may be disclosed by it for the purpose of other civil or criminal proceedings, without your consent or mine.

I may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

 

SECTION D

INFORMATION SOURCES

The personal information that I obtain may come from a variety of sources; such as:

  1. other legal professionals
  2. experts and other witnesses
  3. prosecution authorities
  4. courts and tribunals
  5. your family, relatives and associates
  6. current, past or prospective employers
  7. in the event of complaints, the Law Society, the Solicitors Regulation Authority and the Legal Ombudsman and other
  8. regulatory authorities
  9. data processors, such as IT support staff, email providers, data storage providers
  10. business associates, professional advisers and trade bodies, e.g. the Law Society
  11. the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  12. public sources, such as the press, public registers and law reports
  13. databases to which I may subscribe or have access to

 

SECTION E

TRANSFER OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

If you reside outside the EEA or your case involves individuals, organisations, courts or tribunals outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose. If you reside in a country outside the EEA or if the instructions you provide come from outside the EEA it is self evident that information will be transferred to those countries.

If I publish a judgment or other decision of a Court or Tribunal that contains your information then this will be publication to the world but I will not transfer personal information outside the EEA except when it is necessary to provide legal services or for any legal proceedings.

 

SECTION F

THE DURATION OF STORAGE OF YOUR PERSONAL DATA

My practice is to store the physical documents of a case or matter which includes personal information for six years from the conclusion of the case.

Destruction of the physical documents is carried out by a third party authorised to undertake this task. Deletion of your personal data held electronically will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion. For the duration of this practice I will continue to store some of your information so that conflict checks can be carried out. The extent of the information is likely to be limited to your name and contact details , the name and general nature of the case. It will not include any information within categories (iii) to (viii) in Section A above.

 

SECTION G

YOUR CONSENT

When you sign my retainer letter which contains the terms and conditions of the contract between us for the provision of my legal services you give your consent.

As explained at clause 12 of my retainer letter you have the right to withdraw this consent at any time, but this will not affect the legality of any processing activity I have carried out prior to you withdrawing your consent.

 

SECTION H

YOUR RIGHTS

Under the GDPR, you have a number of rights that you may exercise in certain circumstances. These are free of charge. In summary, you may have the right to ask:

  • for access to your personal information and other supplementary information;
  • for correction of mistakes in your data or to complete missing information I hold on you;
  • for your personal information to be erased, in certain circumstances; and to
  • receive a copy of the personal information you have provided to me or have this information sent to a third party;
  • object in certain other situations to the continued processing of your personal information;
  • restrict my processing of your personal information in certain circumstances;
  • request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way.

If you want more information about your rights under the GDPR please refer to the Information Commissioners Office Guidance on Individual’s rights under the GDPR.

If you want to exercise any of these rights, please:

  • Use the contact details at the end of this document;
  • I will require you to provide sufficient information of your identity and a contact address where you can be contacted should
  • further information is necessary to verify your identity;
  • Provide proof of your identity and address;
  • State the right or rights that you wish to exercise.

I will respond to you within one month of receipt of your request.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.

Changes to this privacy notice

I will not process your personal information except for the reasons stated within this privacy notice. If it changes, this privacy notice will be amended and replaced. Please click here if you would like to download a PDF copy of this information.

This privacy notice was published on 25th May 2018.

Contact Details

If you have any questions about this Privacy Notice or the information we hold about you, please contact us. The best way to contact us is to write to us at our office address as follows:

John F S Cabot Solicitors
Suite 9
27 Ackmar Road
London SW6 4UR

Email: enquiries@johnfscabot.co.uk
Telephone: +44(0)20 7384 9583