Thank you for choosing to instruct The Divorce Surgery in your case. The Divorce Surgery and the barrister advising you on its behalf (“the advising barrister”) will need to collect and hold your personal information in order to represent you. Both The Divorce Surgery and the advising barrister will take all possible steps to protect your personal information, prevent any infringement of your rights or undermine your trust. This Privacy Notice describes the information The Divorce Surgery and advising barrister collect about you, how it is used and shared, and your rights regarding it.
The Divorce Surgery is registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that it holds and processes. The Divorce Surgery’s registered address is 4 Paper Buildings, Temple, London EC4Y 7EX and its registration number is ZA299713.
All the information that The Divorce Surgery and the advising barrister hold about you is provided to or gathered by us in the course of your case and/or proceedings. We will tell you why we need the information and how we will use it.
Our Lawful Basis for processing your information
The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:
Examples of legitimate interests include:
Our Lawful Bases are (a) performance of a contract with you to provide you with legal advice, (b) your consent and (c) compliance with our legal obligation to you. Our Legitimate Interest is provision of legal advice to you as our client.
The Divorce Surgery uses your information to:
The Divorce Surgery does not use automated decision-making in the processing of your personal data.
Both The Divorce Surgery and the advising barrister collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:
The Divorce Surgery and/or the advising barrister may share your personal data with:
The Divorce Surgery uses third party application and services to store and process data in order to provide legal counsel to clients and data subjects. Whilst every effort has been made to obtain signed data processing agreements for all suppliers, some service providers only adhere to their own data processing agreements and have assured us that those agreements are fully compliant with the General Data Protection Regulation. The Divorce Surgery does not admit any liability or accountability for any failure by those third party suppliers to comply with the General Data Protection Regulation and contravention of the data processing
Transfers to third countries and international organisations
The Divorce Surgery and the advising barrister do not, as a matter of course, transfer any personal data to third countries or international organisations.
This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.
Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.
The Divorce Surgery will not transfer personal information outside the EEA except as necessary for providing legal services or for any legal proceedings.
If you would like any further information please use the contact details at the end of this document.
How long will The Divorce Surgery store your personal data?
The Divorce Surgery will normally store all your information:
As explained above, The Divorce Surgery is relying on your explicit consent to process your information. You provided this consent when you agreed that we would provide legal services to you.
You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity we have carried out prior to you withdrawing your consent.
However, where The Divorce Surgery also relies on other bases for processing your information, you may not be able to prevent processing of your data. For example, if you have asked us to work for you and we have spent time on your case, you may owe us money which we will be entitled to claim.
If there is an issue with the processing of your information, please contact us by email at firstname.lastname@example.org.
The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information The Divorce Surgery holds and what it is used for, you can ask for a copy of the personal information we hold about you, you can ask us to correct any inaccuracies with the personal data we hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if The Divorce Surgery or the advising barrister does something irregular or improper with your personal data you can seek compensation for any distress you are caused
or loss you have incurred. You can find out more information from the ICO’s website: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-dataprotection-regulation-gdpr/individual-rights/ and this is the organisation that you can complain to if you are unhappy with how we deal with you.
If you want to exercise any of these rights, please:
We will respond to you within one month from when we receive your request.
Accessing and Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting The Divorce Surgery at email@example.com
You may opt out of receiving emails and other messages from The Divorce Surgery by following the instructions in those messages.
How to make a complaint
The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.
The Divorce Surgery does not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on the website.
Changes to this privacy notice
This privacy notice was published on 21st May 2018 and last updated on 3rd April 2019. The Divorce Surgery continually reviews its privacy practices and may change this policy from time to time. When we do it will be placed on the website.
If you have any questions about this privacy notice or the information we hold about you, please contact the Divorce Surgery at firstname.lastname@example.org, for the attention of the Data Protection Officer who is Samantha Woodham.