International & Domestic Law Practice (IDLP)
Data Protection Policy
IDLP is a legal firm and, as such, provides legal advice and services to its clients. It is regulated by the Law Society of Scotland.
The personal data that IDLP processes to provide these services relates to its clients and other individuals as necessary, including staff and others who provide services to us or to our clients. Special rules necessarily apply to persons visiting the IDLP website, idlp.co.uk, and these are explained in the Privacy Notice embedded in the website.
This policy sets out IDLP’s commitment to ensuring that any personal data, including special category personal data, which IDLP processes is carried out in compliance with data protection law, by which is meant the General Data Protection Regulation 2016/679, the UK Data Protection Act 2018 and all relevant EU and UK data protection legislation.
IDLP processes the personal data of its clients and others and is committed to ensuring that all the personal data that it processes is done in accordance with data protection law and good data protection practice. It is also committed to compliance with the legal and professional rules that govern the legal profession in Scotland and which are laid down by the Law Society of Scotland or are otherwise recognised in law. It should be understood that the idea of confidentiality of communications lies at the heart of the solicitor-client relationship quite apart from the prescriptions of data protection law and that our duties as solicitors are underpinned by those obligations, particularly where duties under data protection law are concerned.
This policy applies to all personal data processed by IDLP.
Data protection principles
IDLP complies with the data protection principles set out below. When processing personal data, it
seeks to 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’)
IDLP will comply with any request from a data subject who wishes to exercise their rights under data protection law as appropriate, and will strive to communicate in a concise, transparent, intelligible and easily accessible form and without undue delay.
- 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 fair processing or privacy notice
- ensure that appropriate privacy notices are in place advising how and why personal data is being processed, and, in particular, advising data subjects of their rights
- only collect and process the personal data that it needs for purposes it has identified in advance
- ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it is kept up to date as far as possible
- only hold onto your personal data for as long as it is needed, after which time IDLP will securely erase or delete the personal data – IDLP’s data retention policy sets out the appropriate period of time
- 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
IDLP ensures that its staff who handle personal data on its 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.
Data Subject Rights
IDLP will timeously comply with any request made by an individual to exercise their rights under data protection law. All requests will be considered without undue delay and within one month of receipt as far as possible.
In recognition of our duty of transparency, IDLP wish to draw attention to the fact that data protection law and our obligations under it cannot be properly understood without a basic familiarity with the specialised language of data protection law. To that end the following brief glossary of terms is offered:
Subject access: the right of an individual 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 processed
- the recipients to whom data has been disclosed or that 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.
Object to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition unless IDLP 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
IDLP processes special category data of clients and third parties in so far as necessary to provide legal advice and services in relation to the establishment of legal rights and duties, and exercise or defence of legal claims.
IDLP may processes special category data of employees in so far as necessary to comply with employment and social security law.
Responsibility for the processing of personal data
If you have any concerns or wish to exercise any of your rights under the GDPR, then you can contact IDLP’s Data Protection Officer in the following ways:
Name Thomas McFarlane
Address IDLP, Suites 4&5, 13 Main Street, Milngavie, Glasgow, G62 6BJ
Telephone 0141 942 4455
Monitoring and review
This policy was last updated on 20 March 2020 and shall be regularly monitored and reviewed, at least every two years.