Privacy Policy

Introduction

This privacy notice sets out how Owen Nash & Co uses, holds and processes personal and other data you provide when you first approach us in the provision of Criminal Defence Services.

This notice sets out the legal basis upon which we do so and your rights regarding that information.

We are regulated by the Solicitors Regulatory Authority.

We are registered with the Information Commissioners Office (ICO) registration number Z4689712.

We are compliant with the General Data Protection Regulation (GDPR) which came into force on 25^th May 2018.

We are not required under GDPR to appoint a Data Protection Officer (DPO) and have chosen not to do so but any questions or problems or issues you have regarding Data Protection should be directed to Roger K Owen, the Senior Partner at Owen Nash & Co.

Data defined  –  Personal data.

Personal data is any information relating to you.  Although not an exhaustive list, some examples of personal data may include your name and address, date of birth, National Insurance number, employment and financial details.

Data defined  –  Special category data.

Special category data refers to data of a more sensitive nature relating to you.  Although not an exhaustive list, this may include details of your gender, racial or ethnic origin, details of your physical or mental health condition and education.

Why we need this information and what we will do with it.

In order to carry out your instructions effectively and efficiently we will need you to provide whatever personal and other data is relevant in carrying out those instructions.

This service may involve disclosing some or all of your data to third parties, such as the Legal Aid Agency (in applying for legal aid) Barristers and expert witnesses.  This is called legitimate purpose and so under GDPR we do not specifically require your written consent to use the data in this way, but you always have the right to inform us in writing that you do not want your data disclosed although this may prevent us from progressing your case if third party access is absolutely necessary.

In circumstances where we receive information from third parties, eg, a Doctor or Consultant, in order to carry out your instructions, we will notify you of that information within a reasonable period and provide you with details of the information and the source that it came from.

We may also be required by law to disclose personal and other data to Police/Government/Financial agencies where they know or suspect money laundering or terrorist financing.

If we are obliged to make such a disclosure in law, we may not be able to tell you that a disclosure has been made.  We may have to stop working on your case for a period of time and may not be able to tell you why.

Please note as well that if we know or suspect that you have provided false information in relation to an application for legal aid for example, we are obliged to disclose that to the Legal Aid Agency.

Also, and as part of Contract and Regulatory Compliance, we are often audited and quality checked.  When this happens the Legal Aid Agency and/or any tendered outside agency may have access to your file and your personal and sensitive data.  You should be assured that confidentiality will be maintained throughout this process.

Other than in circumstances already mentioned above, if we decide to use your personal and other data for any other purpose, eg for marketing our services, then we will not do so without first obtaining your  written consent.

Children

Our services are not specifically aimed at children but we regularly represent young people between the ages of 10 years and 18 years who are generally represented through a parent/s or other responsible adult.  If you a child and require further advice or explanation about how we use your data please contact Roger K Owen.

How long we keep your personal and other data

We will only retain your data for as long as is necessary to:

• carry out your instructions.
• comply with legal and Regulatory obligations, eg keeping your files for 7 years following conclusion of the case.

What are your rights?

Under GDPR you are entitled to access your personal and other data.  If you wish to make a request please do so in writing addressed to Roger K Owen.

A request for access to this data means you are entitled to a copy of the data we hold for you such as the examples given previously in this notice but it does not mean you are entitled to the documents that contains data.

In addition to the entitlement to ‘access your data’ you have the following other rights:-

• The right to be informed: which is fulfilled by way of this Privacy Notice and our transparent explanation as to how we use your personal data.
• The right to rectification: you are entitled to have your personal and other data rectified if it is inaccurate or incomplete.
• The right to erasure / ‘right to be forgotten’: you have the right to request the deletion or removal of your personal and other data where there is no compelling reason for its continued processing.
• The right to object: you have the right to object if you feel that we are not processing your information in a proper and lawful way.
• The right to restrict use of your personal and other data: you may do so at any time but as already referred to else where in this notice this may limit our ability to carry out your instructions.

Safety and Security of your Personal and other Data

We take data protection, privacy and confidentiality of all information provided to us by you very seriously.

We have in place secure and safe systems for keeping all your data and other information safe and secure.  We operate a cloud based computer system ensuring that all your data cannot be lost or damaged and can be retrieved at any time.  Similarly we adopt a high threshold when it comes to our professional duty towards confidentiality.

When we communicate with you this will be by letter marked ‘Strictly Private and Confidential’ and or by telephone.  If you choose to be contacted by email and given the insecure nature of this type of communication we will first require your written consent.

Complaints about the use of personal data

If you wish to raise a complaint on how we have handled your personal and other data, you should contact us in writing, for the attention of Roger K Owen, who will begin to investigate your complaint as part of our complaints handling procedure, a copy which is available on request.

If you are not satisfied with our response or believe that we are processing data not in accordance with the law, you can complain to the Information Commissioners Office at www.ico.org.uk or by telephone 0303 123 1113, or in writing to Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 SAF.

Version 1.   25^th May 2018   –  Owen Nash & Co.