Legal Services privacy notice

Information held about you

The Legal Service provides legal advice and assistance to the Council as a whole. We therefore collect information to enable us to provide this service.

The data we collect will depend upon the particular instructions that we receive from other Directorates within the Council.

We may frequently collect:

• your personal contact details such as address, telephone number, email address
• information to enable us to check and verify your identity to comply with our legal obligations (e.g. your date of birth, passport details);

We may sometimes collect the following:

• details of your spouse / partner / dependents and / or other family members;
• criminal records data (where permitted by law and appropriate to do so) such as the existence of prior criminal offences when we are dealing with criminal proceedings;
• information relating to your (or those of your family members) education / health / medical records / religious or similar beliefs / housing information / significant events or dates / family background, cultural or identity information where these directly relate to our instructions

The lists above are not exhaustive, however the data we collect will always be proportionate to our instructions.

Who is processing your data

All personal data held, is processed in accordance with data protection law. The Data Controller for the information outlined in this privacy notice is Herefordshire Council.

How we will use the information we hold about you

We will collect information about you (where applicable) to:

• communicate with you;
• provide legal advice to other Directorates within the Council;
• undertake civil or criminal litigation (including any statutory appeals) on behalf of the Council and to prepare litigation documents;
• undertake property transactions on behalf of the Council;
• enter into contracts on behalf of the Council;
• prepare formal licence or other formal documents on behalf of the Council;
• keep records of any financial transactions where you are a party to those transactions;
• maintain our own financial accounts and records;
• carry out identity, credit, anti-money laundering and fraud prevention checks where required to do so by law;
• help us manage our practice and statutory returns to meet legal and regulatory requirements imposed by the Solicitors Regulation Authority and / or Law Society;
• enable us to instruct other professional advisers and expert witnesses in connection with the case;
• respond to any complaint

How the law allows us to use your information

The legal basis for processing the data is

• your consent, which you can withdraw at any time by notifying us
• carrying out of a contract to which you are a party
• our legal obligations to which the council is subject
• the protection of your vital interests
• in the public interest or in the exercise of official authority

Who we will share your information with

We may share your information with partner organisations, including:-

• a court or tribunal including any organisation which deals with statutory appeals, such as the Planning Inspectorate;
• HM Land Registry;
• legal counsel (i.e. barristers), Solicitors or non-legal experts where they are acting either on your behalf or on behalf of the Council;
• other public authorities or agencies;
• government departments, such as HMRC
• translation agencies (if required);
• any bank or building society or other financial institution or person who acts as a mortgagee over your property;
• any disclosure required by law, in particular in relation to the prevention of financial crime or terrorism.

We use cloud-based case management software to track and monitor progress on our cases. This software is provided by IKEN Ltd. All data is encrypted.

We only allow our service providers to handle your data where we are satisfied that they take appropriate measures to protect your data.

We will not normally share your information with organisations other than our partner organisations without your consent, however, there may be certain circumstances where we would share without consent such as where we are required to do so by law, to safeguard public safety, and in risk of harm or emergency situations. Any information which is shared will only be shared on a need to know basis, with appropriate individuals.  Only the minimum information for the purpose will be shared.

How long we keep your personal information

We will only keep your information for the minimum period necessary. We will retain the information in accordance with statutory retention periods and the Council’s retention schedule. All information will be held securely and destroyed under confidential conditions.

Your rights

You have a number of rights under data protection law, including the right to request your information and to request that the information be amended or erased if incorrect. 

To request your records, you will need to put your request in writing and provide proof of identification to the Information Governance Team, Herefordshire Council, Plough Lane, Hereford HR4 0LE or via email, informationgovernance@herefordshire.gov.uk

You also have a right to make a complaint about our handling of your personal data to the Information Commissioner’s Office.

 

Providing accurate information

It is important that we hold accurate and up to date information about you in order to assess your needs and delivery the appropriate services.  If any of your details have changed, or change in the future, please ensure that you inform us as soon as possible so that we can update your records.

Further information

If you have any questions or concerns about how your information is used, please contact the Legal Service in the first instance. You can also contact the Data Protection Officer, at Herefordshire Council, Plough Lane, Hereford HR4 0LE, telephone (01432) 260616, email: informationgovernance@herefordshire.gov.uk

More information about data protection and how it applies to you can be found on the Information Commissioner’s Office. website.