This page explains how we use your data.
This Privacy Notice is a statement by The Public Defence Solicitors’ Office to clients that describes how we collect, use, retain and disclose personal information which we hold. This privacy notice is part of our commitment to ensure that we process your personal information/data fairly and lawfully.
The Public Defence Solicitors’ Office is a service operated by the Scottish Legal Aid Board (SLAB), which is the public authority which administers legal aid in Scotland in terms of the Legal Aid (Scotland) Act 1986. The Data Controller is the Scottish Legal Aid Board.
We provide legal services directly to individuals. In carrying out this function we collect, use and retain different types of personal information about you. We rely on specific provisions under Article 6 and 9 of the General Data Protection Regulation as the lawful basis for processing of data.
This is because processing of your information is necessary for compliance with a legal obligation that we are subject to as your solicitors, it is necessary to protect your vital interests and it is necessary for the establishment, exercise or defence of legal claims.
This means we can use your personal information to provide you with advice or other service without seeking your consent. However, you do have the right to say ‘NO’ to our use of your information but this will have an impact on our ability to provide you with a service.
We, or organisations working on our behalf, may contact you for research purposes. Participation in such research is entirely voluntary, you are under no obligation to take part.
We collect, use and store different types of personal information about you. This may include:
Some types of personal information are defined as special. We will only collect and use these types of information where we need to and if the law allows us to:
We may share your personal information with a range of external organisations as is necessary for the purposes set out above and as permitted or required by law, including the following:
In sharing any of your information we will always comply with our professional duty of confidentiality to you as set out in Standards Rule B1.6 of The Law Society of Scotland.
We will only retain your personal information as a client for as long as necessary to fulfil the purposes we collected it for and to meet our professional obligations as set out by the Law Society of Scotland and the Scottish Legal Complaints Commission. The period that we will retain your information for depends both on the type of your case and the outcome of your case. This means:
We will only process the personal information we hold in accordance with the General Data Protection Regulation and for SLAB’s function under the Legal Aid (Scotland) Act 1986.
Under the General Data Protection Regulation 2016 you have the right to make a request to see the personal information we hold about you. This is called a Subject Access Request (SAR).You can inspect the data and have it corrected if it is wrong. In addition you may also have rights to have your data erased or have your data moved. You may be able to object to processing if you believe it to be unlawful and subject to lawful restrictions. To request your personal data you should contact SLAB’s Data Protection Officer – see contact details below. .
If you are unhappy with the response you get from us, you can ask us to look again at your request – you can write to SLAB’s Data Protection Officer at SAR@slab.org.uk or using SLAB’s postal address. At any time, you are entitled to ask the Information Commissioner to review our decision or to go to court to enforce your rights.
Data Protection Officer
Scottish Legal Aid Board
91 Haymarket Terrace
Telephone: 0131 226 7061
You can find information about how to report a concern to the Information Commissioner on her website at: www.ico.org.uk/for-the-public/
Alternatively you can call them on 0303 123 1113 or write to:
Information Commissioner’s Office
Or to the Scottish Regional Office for the ICO
Information Commissioner’s Office
45 Melville Street
Tel: 0303 123 1115