Introduction
Halliday Campbell is a
firm of solicitors and provides legal advice and assistance to its clients. It
is regulated by the Law Society of Scotland. The personal data that we process
to provide these services relates to its clients and other individuals as
necessary, including staff and suppliers’ staff. This policy sets out our commitment
to ensuring that the processing of any personal data, including special
category personal data, by Halliday Campbell is carried out in compliance with
data protection law. ‘Data Protection Law’ includes the General Data Protection
Regulation 2016/679; the UK Data Protection Act 2018 and all relevant EU and UK
data protection legislation.
Scope
This policy applies
to all personal data processed by Halliday Campbell and is part of our approach
to compliance with data protection law. All our staff are expected to comply
with this policy and failure to comply may lead to disciplinary action for
misconduct, including dismissal.
Data protection
principles
We comply with the
data protection principles set out below. When processing personal data, we
ensure that:
·it is processed lawfully, fairly and in a transparent
manner in relation to the data subject (“lawfulness, fairness and transparency”)
·it is collected for specified, explicit and legitimate
purposes and not further processed in a manner that is incompatible with those
purposes (“purpose limitation”)
·it is all adequate, relevant and limited to what is
necessary in relation to the purposes for which they are processed (“data
minimisation”)
·it is all accurate and, where necessary, kept up to
date and that reasonable steps will be taken to ensure that personal data that
are inaccurate, having regard to the purposes for which they are processed, are
erased or rectified without delay (“accuracy”)
·it is kept in a form which permits identification of
data subjects for no longer than is necessary for the purposes for which the
personal data are processed (“storage limitation”)
·it is processed in a manner that ensures appropriate
security of the personal data, including protection against unauthorised or
unlawful processing and against accidental loss, destruction or damage, using
appropriate technical or organisational measures (“integrity and
confidentiality”)
We will facilitate
any request from a data subject who wishes to exercise their rights under data
protection law as appropriate, always communicating in a concise, transparent,
intelligible and easily accessible form and without undue delay.
Process/procedures/guidance
We will:
·ensure
that the legal basis for processing personal data is identified in advance and
that all processing complies with the law
not
do anything with your data that you would not expect given the content of this
policy and the privacy notice displayed on our website
·ensure
that appropriate privacy notices are in place advising staff and others how and
why their data is being processed, and, in particular, advising data subjects
of their rights
·only
collect and process the personal data that we need for purposes identified in
advance
·ensure
that, as far as possible, the personal data we hold is accurate, or a system is
in place for ensuring that it is kept up to date as far as possible
·only
hold on to your personal data for as long as it is needed, after which time we
will securely erase or delete the personal data
·ensure
that appropriate security measures are in place to ensure that personal data can
only be accessed by those who need to access it and that it is held and
transferred securely.
We will ensure that
all staff who handle personal data on our behalf are aware of their
responsibilities under this policy and other relevant data protection and
information security policies, and that they are adequately trained and
supervised. Breaching this policy may result in disciplinary action for
misconduct, including dismissal. Obtaining (including accessing) or disclosing
personal data in breach of our data protection policies may also be a criminal
offence.
Data Subject
Rights
Halliday Campbell has
processes in place to ensure that we can facilitate any request made by an
individual to exercise their rights under data protection law. All staff have
received training and are aware of the rights of data subjects. Staff can
identify such a request and know who to send it to. All requests will be
considered without undue delay and within one month of receipt as far as
possible.
Subject access: the right to request information about how personal
data is being processed, including whether personal data is being processed and
the right to be allowed access to that data and to be provided with a copy of
that data along with the right to obtain the following information:
·the purpose of the processing
·the categories of personal data
·the recipients to whom data has
been disclosed or which will be disclosed
·the retention period
·the right to lodge a complaint
with the Information Commissioner’s Office
·the source of the information if
not collected direct from the subject, and
·the existence of any automated
decision making
Rectification: the right to allow a data subject to rectify
inaccurate personal data concerning them.
Erasure: the right to have data erased and to have
confirmation of erasure, but only where:
·the data is no longer necessary in relation to the
purpose for which it was collected, or
·where consent is withdrawn, or
·where there is no legal basis for
the processing, or
·there is a legal obligation to
delete data
Restriction of
processing: the right to ask for
certain processing to be restricted in the following circumstances:
·if the accuracy of the personal
data is being contested, or
·if our processing is unlawful but
the data subject does not want it erased, or
·if the data is no longer needed for the purpose of the
processing but it is required by the data subject for the establishment,
exercise or defence of legal claims, or
·if the data subject has objected to the processing,
pending verification of that objection
Data portability: the right to receive a copy of personal data which
has been provided by the data subject and which is processed by automated means
in a format which will allow the individual to transfer the data to another
data controller. (This would only apply where we process data using consent or
on the basis of a contract).
Object to
processing: the right to object to the
processing of personal data relying on the legitimate interests processing
condition unless we can demonstrate compelling legitimate grounds for the
processing which override the interests of the data subject or for the
establishment, exercise or defence of legal claims.
Special category
personal data
This includes the
following personal data revealing:
·racial or ethnic origin
·political opinions
·religious or philosophical beliefs
·trade union membership
·the processing of genetic data, biometric data for the
purpose of uniquely identifying a natural person
·an individual’s health
·a natural person's sex life or
sexual orientation
·criminal convictions or offences
We process special
category data of clients and third parties as is necessary to provide legal
services for the establishment, exercise or defence of legal claims. We process special category data of employees
as is necessary to comply with employment and social security law. This policy
sets out the safeguards we believe are appropriate to ensure that we comply
with the data protection principles set out above. We also have a data
retention policy which sets out how long special category data will be held
onto.
Data retention:
We will retain your personal information for as long as necessary to fulfil the purposes we collected it for, subject to satisfying legal, regulatory, accounting, and reporting requirements. In accordance with guidelines issued by the Law Society of Scotland, we may retain client matter or case files (or electronic copies) for a period of 10 years from the date on which we last provide services to you, or carry out work, in connection with the matter or case.
Responsibility for the processing of personal data
We will retain your personal information for as long as necessary to fulfil the purposes we collected it for, subject to satisfying legal, regulatory, accounting, and reporting requirements. In accordance with guidelines issued by the Law Society of Scotland, we may retain client matter or case files (or electronic copies) for a period of 10 years from the date on which we last provide services to you, or carry out work, in connection with the matter or case.
Responsibility for the processing of personal data
David Halliday, proprietor
of Halliday Campbell, takes ultimate responsibility for data protection.
If you have any
concerns or wish to exercise any of your rights under the GDPR, then you can
contact the data protection lead in the following ways:
Name David Halliday
Address 7 Crawfurd Road, Edinburgh EH16 5PQ
Email david.halliday@hallidaycampbell.com
Telephone 0131-668 3000
Monitoring and
review
This policy was last
updated on 3 March 2022 and shall be regularly monitored and reviewed, at
least every two years.
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