Baillie Spowart Solicitors
16 Alexander Street
Clydebank G81 1 RZ
Baillie Spowart is law firm and provides legal advice and assistance to its clients. It is regulated by the Law Society of Scotland.
The personal data that Baillie Spowart Solicitors processes to provide these services relates to its clients and other individuals as necessary, including staff and suppliers’ staff.
This policy sets out Baillie Spowart’s commitment to ensuring that any personal data, including special category personal data, which Baillie Spowart processes, is carried out in compliance with data protection law. Baillie Spowart processes personal data and is committed to ensuring that all the personal data that it processes is done in accordance with data protection law. Baillie Spowart ensures that good data protection practice is imbedded in the culture of our staff.
This policy applies to all personal data processed by Baillie Spowart and is part of Baillie Spowart’s approach to compliance with data protection law. All Baillie Spowart staff are expected to comply with this policy and failure to comply may lead to disciplinary action for misconduct, including dismissal.
Baillie Spowart Ltd collects and process’s both personal data and special categories of personal data as defined in the GDPR. This includes:
1) personal details
2) family details
3) lifestyle and social circumstances
3) goods and services
4) financial details
5) education, training and employment details
6) physical or mental health details
7) racial or ethnic origin
8) religious, philosophical or other beliefs
9) sex life or sexual orientation
10) genetic data
11) biometric data for the purpose of uniquely identifying a natural person
12) criminal proceedings, outcomes and sentences, and related security measures
13) other personal data relevant to instructions to provide legal services, including data specific to the instructions in question.
This information will usually be obtained from you as a client (the data subject). The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, family and friends of the data subject, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers. Data provided to or generated by Solicitors will normally be protected by legal professional privilege, unless and until the information becomes public during any proceedings or otherwise. Solicitors have an obligation to keep client information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.
Solicitors may share personal data with: a) Other solicitors in the course of representation; b) members of the Faculty of Advocates, if an advocate is instructed on your behalf; c) Courts or tribunals or other fora in which legal representation is required such as inquiries, adjudications and mediations or the staff thereof; Advocates’ Clerks; Faculty Services
- d) The Scottish Legal Complaints Commission, in the event of a complaint thereto; e) Law enforcement officials, government authorities, or other third parties to meet any legal obligations;
- f) Witnesses or potential witnesses, whether expert or otherwise; g) any other party where the data subject consents to the sharing of data.
Baillie Spowart Ltd staff who process personal data require to have a Lawful Basis for doing so, as a result of the General Data Processing Regulations (“GDPR”).
The Lawful Bases identified in the GDPR are:
- Consent of the data subject
- Performance of a contract with the data subject or to take steps to enter into a contract
- Compliance with a legal obligation
- Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- The legitimate interests of Baillie Spowart Ltd, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
The Lawful Bases upon which Baillie Spowart process personal data are as follows:
- If the data subject has consented to the processing of the data subject’s personal information, then Baillie Spowart may process that information for the Purposes set out above to the extent to which the data subject has consented to the Baillie Spowart Ltd doing so,
- but Baillie Spowart may also process the information under another of the lawful bases listed below, irrespective of whether specific consent therefor has been given;
- If the data subject is a client, processing is necessary for the performance of a contract for legal services or in order to take steps at the request of a data subject prior to entering into a contract;
- processing is necessary for compliance with the obligations imposed upon the Baillie Spowart, including carrying out anti-money laundering or terrorist financing checks;
- processing is necessary in the legitimate interests of Bailie Spowart and their clients, including, but not limited to, the provision of legal services and the giving of legal advice to clients;
- processing is necessary in the public interest or in the exercising of official authority vested in a Solicitor of Baillie Spowart, for example in acting as a curator ad litem or a Reporter appointed by the Court
- Additionally, where the personal data include special category data (being data which reveal or may reveal the racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership of the data subject, or where the personal data concern the health, sex life or sexual orientation of the data subject), the lawful bases upon which Baillie Spowart Ltd process personal data are as follows:
- processing is necessary for the establishment, exercise or defence of legal claims or otherwise participating in court proceedings, including the giving legal advice where that advice is necessary for these purposes; and/or
- processing is carried out with the explicit consent of the data subject for the purposes listed above, and to the extent to which the data subject has consented to the Solicitor doing so.
If consent has not been given for the processing of special category data (otherwise than for the establishment, exercise or defence of legal claims or participation in court proceedings) Baillie Spowart will be unable to act for or give advice to the data subject.
Transfers to third countries and international organisations Baillie Spowart Ltd does not transfer personal data outside of the UK except (1) where it is necessary to do so to carry out instructed legal work (in which instance a solicitor may when travelling abroad, carry data in hard copy form or on electronic devices or access remotely personal data which is stored in the EU); or (2) where, for the purposes of data security and business continuity, Bailie Spowart has elected to use reputable cloud-based data storage services stored within the EU or in countries which have been the subject of an adequacy decision by the EU Commission under Art 45(3) of GDPR. Where any personal data is transferred outside of the UK, Baillie Spowart solicitors will have satisfied themselves that such transferred data is protected and safeguarded as required by GPDR.
Baillie Spowart Ltd may retain personal data of data subjects unless asked to delete it. Standing the prescriptive (time bar) periods applicable under Scots law, such retention may be for periods of up to 21 years from the date of the last item of work carried out. This is because it may be needed for potential legal proceedings. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to the data subject) as soon as reasonably practicable after the data is marked for deletion. Baillie Spowart will delete or anonymise information at the request of clients unless:
- There is an unresolved claim or dispute;
- They are legally required to refrain from doing so; or
- There are overriding legitimate business interests for so refraining.
Data Subjects’ Rights
GDPR gives all data subjects specific rights regarding their personal data. These are free of charge.
In summary, data subjects may have the right to:
- Ask for access to their personal information and other supplementary information;
- Ask for correction of mistakes in their data or to complete missing information held on them;
- Ask for personal information to be erased, in certain circumstances;
- Receive a copy of the personal information provided to the Baillie Spowart Ltd, or have this information sent to a third party. This will be provided to the data subject or the third party in a structured, commonly used and machine-readable format, e.g. a Word file;
- Object at any time to processing of personal information for direct marketing;
- Object in certain other situations to the continued processing of personal information;
Restrict processing of personal information in certain circumstances;
It should be noted that such rights may not be available to data subjects: in particular, such rights may not be available where confidentiality, legal professional privilege, any lawful agreement or any legal provision prevents disclosure of data. A data subject wishing to exercise any of these rights should:
- Contact the Data Controller for Baillie Spowart Ltd, who is Audrey Spowart;
- Provide proof of identity and address;
- State the right or rights that it is wished to exercise.
Baillie Spowart will respond to such requests within one month of receipt. More information can be found at the website of the Information Commissioner’s Office (“the ICO”): http://ico.org.uk/for_the_public/personal_information
Data subjects may complain to the ICO if they are unhappy with how Baillie Spowart Ltd deals with their data.
Accessing and Correcting
Information relating to data subjects
Data subjects may request access to, correction of, or a copy of their information by contacting the Baillie Spowart Data Controller. Contact details are available on this website.
Such requests are subject to legal professional privilege, which may entitle or require Baillie Spowart Ltd to decline same.
Consent Insofar as clients are concerned,
Baillie Spowart relies in part on explicit consent to process information being provided when the client agrees (in person) to the instruction of Baillie Spowart. Clients have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity Baillie Spowart have carried out prior to withdrawal of such consent. Moreover, where Baillie Spowart Ltd also rely on other bases for processing information, data subjects may not be able to prevent processing of data.
Baillie Spowart Ltd
16 Alexander Street
Tel 0141 585 2399
E Mail: – firstname.lastname@example.org
Web Site: – www.bailliespowartsolicitors.co.uk