PRIVACY NOTICE



Purpose of this Privacy Notice

New data protection legislation (the Data Protection Act 2018 (DPA 2018)) came into force on 25 May 2018 as a result of the implementation of the EU General Data Protection Regulation (GDPR). This privacy notice outlines our practices in relation to the use of your personal data. This privacy notice was last updated on 25 May 2018.


About us

Teelan & Silwal (‘the Firm’, ‘we’, ‘us’, ‘our’) is registered with the UK Information Commissioner’s Office under the DPA 2018.

Teelan & Silwal is a niche Family Law practice. If you are a client of ours, we will gather and use information relating to you. Information that we hold in relation to individuals is known as “personal data”. This will include data that we obtain from you directly and data about you that we may obtain from other people and organisations. Anything that we do with an individual’s personal data is called “processing”.

If you are not a client of ours, we may gather and use personal data relating to you that we may have obtained from you direct, from third parties, or from our clients, and it may include publicly-available information.

The security of your personal data is of paramount important to us. This document sets out our commitment to you and outlines what personal data we will hold about you, why we process that data, with whom we may share this information, and your rights in relation to your personal data processed by us.


What personal data we collect

We may collect, hold, share and process personal data about you as follows:

  • Personal information (such as name, address, home, work and mobile telephone numbers, personal and work email addresses, or other alternative postal addresses);
  • Financial details (such as bank and credit card details), and other financial information to assist us in representing our clients;
  • Family details, to include personal data of clients, such as their spouse, former spouse, partner and children of the family.

We will also use special categories of data such as gender, age, sex or sexual orientation, religious or similar beliefs and information about health, which may be necessary to best advise our clients and represent their interests.

Where initial enquiries are made but a potential client does not become a client of the Firm and does not enter into a contract with us, we will hold the details provided to us in a secure and confidential manner for a period of two years, after which this information will be securely deleted. You have the right at any time to request a copy of this information and information on how it is being used, to request that it is deleted, to object to any further processing and also to request an amendment if anything is incorrect. If you wish to do so, please contact our Data Protection Officer (see details below).


The sources of your personal data

We will obtain an amount of personal data from you, by way of information gathering, at appropriate times during your time as a client of ours, or as is necessary for a related third party.

We may also obtain information about you from other sources, to include information from the solicitors on the other side of a case, previous solicitors, the courts, local authorities, GPs, employers and banks and other third parties with whom our clients authorise us to liaise.


Failure to provide this information

If you fail to provide information to us, we may be prevented from complying with our legal and regulatory obligations and may be prevented from advising you fully and accurately in respect of your case (if you are our client).


How we use your personal data

We may process your personal data for purposes necessary for the performance of our contract with our clients and to comply with our legal obligations.

We may collect, hold, share and otherwise use the information you provide to us (including personal information relating to individuals representing corporate clients) primarily for the provision of legal services to our clients (necessary for the performance of our contract with our clients) and for related purposes including:

  • updating and enhancing our client records;
  • analysis to help us manage our practice; and
  • legal and regulatory compliance.

Our use of your information is subject to your instructions, in accordance with the DPA 2018, to our duty of confidentiality to our clients and to our overriding duty to the court, since we are officers of the Supreme Court.


Lawful basis for processing your data

Whilst some of the processing of the personal data we hold about you will not require your consent, because the processing is necessary for the performance of our contracts with our clients or certain third parties, we will inform you if your consent is required and we will seek it from you.

Our clients’ consent will be requested in relation to the specific processing activities which are necessary for us to carry out their instructions, which consent is in addition to our right to process the information we hold under our contracts with them and to our right to comply with any legal obligations. Consent may be withdrawn at any time by contacting the Data Protection Officer (see details below), although please note this may have a negative outcome on a case. Where you provide us with personal information relating to an individual (including, but not limited to, information required in connection with the Money Laundering Regulations 2007), you warrant that you have obtained a similar consent from the individual for these purposes.


Change of purpose

Where we need to use the personal data of clients and third parties with whom we have a contract for any purpose other than for the purpose for which it was collected, we will only use that personal data where that secondary purpose is compatible with the original purpose.

Should it be necessary to use the personal data for a new purpose, we will notify you (if you are a client or relevant third party) and communicate the legal basis which allows us to do so before starting any new processing. You may object to the use of your personal data for such new purpose and we will warn you if such an objection is likely to have a negative impact on a case.


Sharing your personal data

Our work may require us to share information about you with such third parties as follows:

  • Expert witnesses, to assist them in preparing reports on our clients’ behalf;
  • Other professional advisors, including barristers, to assist them in advising our clients;
  • Credit reference agencies (which may keep a record of the information);
  • A third party outside the EU, for example if the other side is based in the US or if there are US-situs assets.

We may transfer your personal information to anyone to whom we may transfer our rights and duties under the Client Care letter and Terms and Business (where applicable). This includes certain third-party service providers, all of whom are required to take commercially reasonable and appropriate security measures to protect your personal data. This might include services such as photocopying or translation.

In certain circumstances we may be required or permitted by law to disclose your personal information (for example, if we are required to do so by a court order, or for the purposes of the prevention of fraud or other crime). Our primary duty is to the courts, as officers of the Supreme Court.


Duration of processing

Your personal data is held securely and confidentially and will be held as such while we have a legitimate reason for doing so, as follows:

  • Clients – for a period of six years following payment of your final invoice;
  • Enquiries by individuals who do not become clients – for a period of two years following your enquiry;
  • Third parties – for as long as it is appropriate to do so, bearing in mind the context in which information was shared.


Protecting your personal data

We will not pass on your data to any third parties without your permission. We will not use your information for marketing purposes without your permission. In the unlikely event of a personal data breach, we will notify you and the Information Commissioner’s Office, where required to do so in accordance with the DPA 2018.


Your rights under the DPA 2018

You have the right to request information about how we use your personal data in order to check that it is being used lawfully.

You also have the right, in certain circumstances, to:

  • Request access to the personal data we hold about you as an individual;
  • Restrict or object to the Firm processing your personal data;
  • Have inaccurate or incomplete personal data about you rectified;
  • Have your personal data erased; and
  • Have your personal data transferred to another organisation.

If you have provided consent to specific processing activities, you have the right to withdraw your consent at any time, but please note that this may affect the running and outcome of a case.

Similarly, in the event that you wish to restrict the Firm’s processing of your personal data, we will discuss your request with you, on a case-by- case basis.

If you wish to exercise any of these rights then you should contact the Data Protection Officer, Catherine Silwal, at cs@tandsfamilylaw.com with further details. Please note that the law does not oblige the Firm to comply with all requests where there is a legitimate reason not to (for example, the Firm has the right to retain your information (on a secure and confidential basis) for a period of six years following payment of your final invoice). If the Firm has a legitimate reason for not complying with the request, you will be notified of the reason in writing.

Following a request to exercise any of your rights, the Firm will require you to confirm your identity. Further details will be provided at the time of the request.

Please note that it is important that the information we hold about you is correct. Please notify us as soon as possible if your details change or if you become aware of any inaccuracies in the information we hold.


Concerns

If you have any concerns about how this Firm is using your personal data, then we ask that you contact our Data Protection Officer, Catherine Silwal, in the first instance. Catherine Silwal may be contacted at Teelan & Silwal, 2 Angel Square, London, EC1V 1NY or by email at cs@tandsfamilylaw.com. You can, however, contact the Information Commissioner’s Office (ICO) should you consider it necessary.

The contact details for the ICO are as follows:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
Fax: 01625 524 510
Website: https://ico.org.uk/concerns

If you require any further information on our privacy policy, please contact our Data Protection Officer, Catherine Silwal, at cs@tandsfamilylaw.com.

Partners: Rosalyn O'Donnell-Teelan and Catherine Silwal
Teelan & Silwal Family Law is a partnership authorised and regulated by the Solicitors Regulation Authority (the "SRA").
SRA number 623517.
Teelan & Silwal is a trading name of Teelan & Silwal Family Law.
PRIVACY NOTICE