BOWMANS SCOTTISH LAWYERS DUNDEE AND FORFAR
In terms of the Data Protection Act 2018 and the requirements of the EU General Data Protection Regulations we are a Data Controller. This Privacy Notice explains what personal data we hold, why we hold it and process it, with whom we might share it and what an individual’s rights and freedoms are under the Law.
Types of Personal Data we hold
Our firm holds personal data in the undernoted categories: –
- On behalf of clients we hold personal and financial data, correspondence, documentation including Wills, Powers of Attorney, Title Deeds and any other documentation it is agreed between us and the client that we will hold.
- Staff employment data.
- Contractors’ data.
What is the reason we process personal data
By process we mean that we obtain it, store it, update it and archive it. The reasons are:-
- Data is held to enable us to provide our clients with the appropriate Legal Advice in relation to whatever work we are carrying out on their behalf.
- Staff employment data is held in accordance with the Law relating to employment, taxation and pension matters.
- Contractors’ data is held for the purpose of managing contracts between us and them.
What is the lawful basis for processing personal data?
The Law says we must tell you what this basis is:-
- It is in our legitimate interest to hold clients’ data because without that data we cannot work effectively.
- In terms of various areas of law which relate to the work we carry out on behalf of clients, we must hold that data.
- We are legally obliged to hold staff data because without it we would not be fulfilling our obligations both to staff and to various other bodies including HMRC.
- We hold contractors’ data to enable us to fulfil contracts between us and our contractors.
With whom might we share your data
We can only share data if it is done securely and if it is necessary to do so.
- Client data will be shared with Solicitors who are acting on the other side of a conveyancing transaction, with Government Agencies such as HMRC in relation to Tax matters such as Land and Building Transaction Tax, Inheritance Tax, our Accountants, Law Accountants, the Auditor of Court, The Law Society of Scotland, The Scottish Legal Aid Board and generally any other body with whom we require to share data in order to carry out the work we are instructed to do or to comply with the law.
- Client data may also be stored with our computer software suppliers who have an obligation to store it securely.
- Employment data will be shared with Government bodies such as HMRC.
You have the right to:-
- Be informed about the personal data we hold and why we hold it.
- Access a copy of the data which we hold for you. In order to do that you must contact us directly and we will acknowledge your request within 5 working days and supply a response within 25 working days.
- Check the information which we hold about you is correct and make corrections to it if it is not.
- Have your data erased in certain circumstances but only if we are legally able to do so.
- Transfer your data to someone else if you instruct us to do so and it is safe and legal to do so.
- Tell us not to process or update your data in certain circumstances.
For how long is the personal data stored:-
- We must store client data for as long as we are providing a service to you but also for as long as required under the professional rules laid down by the Law Society of Scotland and any other external body.
- We must store employment data for 6 years after an employee has left employment with us.
- We must store contactors’ data for 7 years after the contract has been completed.
What can you do if you are not happy or wish to raise a concern about our data processing
In the first instance please write to Mrs. Elizabeth N. McGillivray at our office at 27 Bank Street, Dundee DD1 1RP. She will do her best to resolve the matter but if it cannot be resolved you have the right to complain to the information commissioner at www.ico.org.uk/concerns or by telephoning 0303 123 1113.