MODEL PRIVACY NOTICE FOR EXPERT WITNESSES TO USE WHERE THEY COLLECT DATA FROM LAWYERS/LITIGANTS
1. ABOUT TJM Consult Limited1 respect the privacy of our clients (“you”) and we recognise the need for appropriate protections and management of your personal information. When we, and our service providers, collect and use your personal information and special category data, we are the data controller for the purpose of Data Protection Legislation (defined below).
2. PURPOSE We have prepared this Privacy Notice to assist you in understanding what information we collect about you and how that information is used by us and by third parties.
3. KEY TERMS When we refer to Data Protection Legislation we mean the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); and the Data Protection Act 2018, implemented by the UK to give effect to the derogations permitted under the GDPR. Personal information is information that can be used to identify or contact a specific individual, such as a name, address, telephone number, email address, etc., and also online identifiers and location data such as IP addresses and mobile
Special category data means personal information revealing your racial or ethnic origin; political opinions; religious or philosophical beliefs; or trade union membership; genetic data; biometric data; data related to your health or data concerning your sex life or sexual orientation; and criminal convictions or involvement in criminal proceedings. A data controller is someone who decides why personal data is to be collected and how it will be used and treated.
4. CONTACT If you have any questions regarding the Privacy Notice you can contact us at: [TJM Consult]. If you are unhappy with how we handle your personal information you can write to us using the contact details noted above; and/or notify the Information Commissioner’s Office (ICO) (please see: https://ico.org.uk/concerns/ for more information).
5. HOW DO WE USE YOUR PERSONAL INFORMATION AND WHY? Information Why we collect it Legal basis Special category data condition Effect of not providing the information if legal condition or contractual condition Identity data - title, first name, last name, the company you work for (where relevant), your job title or position, date of birth, location and other information To allow us to identify our client Legal obligation. N/a We will be unable to provide services to you/on your behalf.
Why we collect it Legal basis Special category data condition Effect of not providing the information if legal condition or contractual condition Contact data - billing address, residential and/or business address, email address and telephone numbers (business and/or personal including fax). To allow us to contact you in relation to the services we are providing to you/on your behalf. On the basis of our contractual obligation (providing the expert witness services to you/on your behalf) N/a We will be unable to provide services to you/on your behalf. Transaction data - details about the services relating to the matter you have instructed us on; the information we will process about you to open our files and administer the client relationship and any credit checks we may have carried out. To allow us to examine the case and provide our services to you in line with your instructions. On the basis of our contractual obligation (providing the expert witness services to you/on your behalf) N/a We will be unable to provide services to you/on your behalf. Special categories of personal data - race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) in order to provide you with our services. In very limited circumstances we may process special categories of data in order to provide our services to you. On the basis of our contractual obligation (providing the expert witness services to you/on your behalf) We will be unable to provide services to you/on your behalf.
Information Why we collect it Legal basis Special category data condition Effect of not providing the information if legal condition or contractual condition Criminal convictions data To enable us to provide services to you/on your behalf. On the basis of our contractual obligation (providing the expert witness services to you/on your behalf) Prevention or detection of unlawful acts or complying with our regulatory requirements in relation to unlawful acts or dishonesty or dealing with suspicions of terrorist financing, money laundering or acts of bribery or processing is necessary for the establishment, exercise or defence of legal claims. We will be unable to provide services to you/on your behalf.
6. HOW DO WE KEEP YOUR PERSONAL INFORMATION UP-TO-DATE? Please contact us at [TJM Consult] as soon as possible after there is any change to your personal details, including your contact details.
7. DO WE SHARE PERSONAL INFORMATION? We contract with third party service providers and suppliers to deliver certain services. [We have data processing agreements in place with each of these providers so that they process your personal data in accordance with this Privacy Notice.]
The following third parties may have access to your personal information and, in some circumstances, your special category data (if applicable), for the purposes noted below: • Google hosts our email; • [our email mailing list provider, currently Google; • [our archival and storage provider, who is currently Google;Crashplan • any other person who is authorised to act on your behalf; • counterparties (including their lawyers and client) to transactions or litigation, other professional service providers such as lawyers and accountants, counsel, barristers, arbiters, arbitrators, mediators, clerks, medical professionals, witnesses, tax advisors or valuers; • regulators, government departments, law enforcement authorities, tax authorities and insurance companies; • [confidential waste management provider, who is currently NA; • [IT and communications service provider, who is currently Virgin Media; • [document processing provider, who is currently NA; • [translation services, who is currently NA; • our general insurers, auditor and accountants, pension providers, banks and other financial institutions, credit reference agencies and regulatory bodies; • professional indemnity and other relevant insurers, who are currently Caunce O’Hara; • any relevant dispute resolution body or the courts; and • persons in connection with any sale, merger, acquisition, disposal, reorganisation or similar change in our business; Some of these entities may also be data controllers under the Data Protection Law. However, in the first instance you should contact [tjm consult] using the contact details above if you have any queries. Except as provided above, we will not share personal information with any other third parties without informing you beforehand, unless required by, or in connection with, law and / or regulatory requirements. 6 We will not sell, trade or lease your personal information to others. 8. EUROPEAN ECONOMIC AREA The data that we collect from you will usually be stored inside the UK or the European Economic Area (EEA). However, if you live or work outside of the UK or the EEA, we may need to transfer your personal data outside of the UK or the EEA to correspond with you. Where this applies, we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice. We also may transfer data outside the UK or the EEA where our, service providers host, process, or store data outside the UK or the EEA. Where we do this, we will ensure that the transfer is to a country covered by a decision of the European Commission or is otherwise made in circumstances where we have put appropriate safeguards are in place to protect your data in accordance with the Data Protection Law
RETENTION PERIODS We will not hold your personal information for any longer than is necessary for the uses outlined above, unless we are required to keep your personal data longer to comply with the law and any regulatory requirements. The length of time we shall retain it for shall be determined by a number of factors, including the type of data, the purpose for which we use that data including our legal and regulatory obligations which we must comply with when we collect and process personal data. We will also take into account the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of personal data. 10. YOUR RIGHTS You have certain rights under the Data Protection Legislation which can be exercised by contacting us at: [tjm consult], including the right to access the personal data held about you by making a subject access request in accordance with the Data Protection Legislation. We may charge a reasonable fee when a request is manifestly unfounded or excessive; the right to have your personal data rectified if it is inaccurate or incomplete; the right to request to have your personal data deleted in certain specific circumstances as set out in the Data Protection Legislation; the right to request to restrict the processing of your personal data in certain specific circumstances as set out in the Data Protection Legislation; the right to ask us not to process your personal data for marketing purposes or for purposes based on our legitimate interests; the right to ask us to not undergo automated decision making; and where you have provided consent, to request to withdraw such consent at any time.
Please note that if you choose to exercise your rights to have personal data restricted or deleted, then we may not be able to act. Further details about your rights can be found on the ICO’s website at https://ico.org.uk/.