Your Data Protection

Privacy Notice

John MacDonald Law is a law firm based in Scotland. We provide legal services to individuals and organisations in relation to all aspects of civil law. We are the “Data Controller” of the personal data you provide to us.

We understand that your privacy is important to you and that you care about how your personal data is used. The purpose of this Notice to inform our clients, potential clients, and employees about the policies we have in place in relation to the personal data provided to us. We respect and value the privacy of all of our clients, contacts and staff, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

The policy as set out in this Notice is intended to comply with the terms of the Data Protection Act 1998 (“DPA”) and the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”).

1. Information About us:

John MacDonald Law
Email address: office@johnmacdonaldlaw.co.uk
Telephone number: 01478 612929
Postal Address: Somerled Square, Portree, Isle of Skye, IV51 9EH

2. What Does This Policy Cover?

This policy explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What is Personal Data?

Personal data is defined by the GDPR as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we collect and use is set out in Part 5 of this Policy.

4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11;
2. The right to access the personal data we hold about you. Part 10 will tell you how to do this;
3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more;
4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more;
5. The right to restrict (i.e. prevent) the processing of your personal data;
6. The right to object to us using your personal data for a particular purpose or purposes;
7. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases;
8. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
9. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

5. What Personal Data Do You Collect?

We only collect the personal data from our clients which is required, and is necessary, to allow us to provide legal services to our clients. We may collect some or all of the following personal data (this may vary according to your relationship with us and is not an exhaustive list):

• Name; Date of birth;
• Gender; Address;
• Email address;
• Telephone number;
• Names of your children;
• Dates of birth of your children;
• Other information about your children;
• Business name;
• Job title;
• National Insurance Number;
• Details of your salary and income;
• Other information about your employment;
• Payment information;
• Bank Accounts details;
• Details of other investments, such as shares, or ISAs Pension details;
• Other information about assets;
• Mortgage details;
• Loan details;
• Credits card details;
• Other information about debts;
• Medical records and related information;
• Previous convictions.

6. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary in order to comply with legal obligations that we have as members of a regulated profession, for our performance of our contract with you, because you have consented to our use of your personal data, because we require it for your case, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

• Complying with Law Society of Scotland rules and regulations (including Anti Money Laundering regulations);
• Supplying our services to you. Your personal details are required in order for us to enter into a contract with you;
• Entering your data on to our case management system;
• Progressing your case;
• Personalising and tailoring our services for you; 
• Providing and managing your transaction;
• Communicating with you (this may include responding to emails or calls from you);
• With your permission, we may also disclose your personal data to third parties in order to progress your case.

For further information on the third parties with whom we require to share information, see Part 9. You will not be sent any unlawful marketing or spam.

We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected and in accordance with the Law Society of Scotland’s Regulations. This is a requirement of DPA and GDPR. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

• For clients, data will be retained in most cases for 10 years after the final work has been completed on your file, or if your case was a defended Court action in which orders were made about your children, until your youngest child’s 16th birthday (whichever is the later);
• Electronic copies of documents which are a matter of public record such as Extract Court decrees and Extract Minutes of Agreement will be retained indefinitely;
• Correspondence or other data confirming the implementation of a pension share will be retained indefinitely;
• Data relating to the instruction, negotiation, and preparation of Pre-nuptial or Post-nuptial agreements will be retained indefinitely;
• Simple Debt Collection data will be kept until completion;
• Civil court data will be kept for 10 years after completion;
• Solemn case data will be kept for the duration of the sentence if more than three years;
• Summary case data will be kept for three years. A copy of the complaint or indictment and a copy of any legal aid certificate will be retained indefinitely;
• Executries data will be kept until ten years after completion although an executry may never be complete. Relevant documents and papers might be sent to the Executor for safekeeping since prior rights and legal rights only prescribe if not claimed in 20 years after becoming enforceable;
• Continuing Trusts data will be retained for ten years after the termination of the Trust;
• Conveyancing Transactions data: Data relating to a purchase will be kept for ten years after completion, although the file may be of use until the property is subsequently disposed of; Data relating to a sale will be kept for one year after completion (i.e. after completion; dealing with any funds retained; and after Missives have ceased to have effect);
• Company work data will be retained for ten years after completion;
• For employees, data will be retained for five years after your employment ends.

8. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

9. Do You Share My Personal Data?

We will not share any of your personal data with any third parties without your consent for any purposes, except as listed below, subject to one important exception:

• For clients, the opponent in your case and/or their solicitor;
• Counsel and/or Counsel’s clerks;
• Scottish Courts Administration;
• Experts whom we require to instruct or from whom we require reports;
• The Law Society of Scotland (in relation to complaints only);
• The Scottish Legal Complaints Commission (in relation to complaints only);
• We employ third party suppliers to provide services including utilising the services of a credit reference agency (www.transunion.co.uk/legal-information/bureau-privacy-notice).

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repeated requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

11. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

John MacDonald Law
Email address: office@johnmacdonaldlaw.co.uk
Telephone number: 01478 612929
Postal Address: Somerled Square, Portree, Isle of Skye, IV51 9EH

12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

13. Privacy Tools for Website Data

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