The purpose of this Privacy Notice is that it sets out the standards that you can expect from Phoenix Solicitors & Advocates when we request or hold your personal information (‘personal data’) about you, how you can get access to a copy of your personal data and what you can do if you think our standards are not being met.
Phoenix Solicitors & Advocates is a company of solicitors who specialise in the practice of criminal defence work. Mr Smethurst is the Managing Director and is the data controller of the personal information we hold. Our business is the provision of Legal Services in the Criminal Defence field, both to Legal Aid clients and private paying clients.
About personal information
Personal data is information about you as an individual, it can be your name, address or telephone number. It can also include information either provided to us for the
purpose of enabling us to represent you either at the Police Station or the Magistrates Court or Crown Court or indeed simply to provide advice concerning a potential
offence or offences. It can also include information if you are provided to us for the purpose of making an application for Legal Aid which may include financial information.
We understand that it is very important to protect our client’s privacy and to comply with Data Protection Laws. We will safeguard your personal data and will only disclose
it where it is lawful and necessary to do so, or with your consent.
Purpose of processing and the lawful basis for the process
The purpose of our collecting and processing the personal data is to enable us to provide you with sound legal advice in respect of the issue which you have instructed
us upon.
We may ask you for your name, address, business address, email address and telephone contact number. In addition to using this information in order to communicate with you to deal with this matter we may use it to assist you in applying for Legal Aid.
We will also ask you for all relevant details needed for the progression of your case and where necessary we may need to speak and obtain information from others e.g. witnesses.
Where necessary we will also obtain information and discuss your details with other agencies within the Criminal Justice System e.g. a Barrister who we instruct on your
behalf to represent you at the Crown Court. We may, in addition, need to instruct other experts such as forensic experts to further progress your case.
We may receive data about your case from other parties e.g. from the Crown Prosecution Service who will send us the prosecution evidence in your case or the Probation Service who may send us copies of Pre-Sentence Reports. All data received from you or in relation to your case is covered and protected by our Data
Protection Policy in addition to our Professional Rules and Regulations which ensure client confidentiality.
We may also need to retain and preserve your personal data in order that we can discharge our contract with the Legal Aid Agency and with our insurance Company in
respect of Indemnity Insurance.
If we are unable to collect this personal information from you we would not be able to conduct your case properly and it would prevent us from discharging our professional
responsibilities to you.
The lawful basis for Phoenix Solicitors & Advocates collecting and processing your personal data is based upon the consent you give to this but also we rely upon Article
6 (1)(b) of GDPR which is necessary for the performance of a contract.
Who the information may be shared with
Sometimes we need to share the information we process with other organisations. This is necessary to comply with all aspects of the relevant Data Protection Laws the organisations we may share your personal information including Barrister’s we instruct on your behalf, forensic experts who may assist in your defence, Her Majesty’s Court Service, the Probation Service if they are involved in your case, the Legal Aid Agency and the Solicitors’ Regulation Authority. This list is not
exhaustive, however we will only share your data if strictly necessary to do so.
You can contact Mr John Smethurst, the Managing Director and data controller for further information on the organisations who we may share your personal information
with.
The Retention Period for information collected
Your personal information will not be retained for any longer than is necessary for our lawful purposes for which it has been collected and processed. This is to ensure that
your personal information does not become inaccurate, out of date or irrelevant.
When we retain your personal data, we will ensure it is kept securely and protected from loss, misuse or unauthorised access and disclosure. Once the retention period
has been reached (normally 6 years) your personal data will be permanently and securely deleted and destroyed.
Access to personal data
You can find out if we hold any personal data about you by making a ‘subject access request’. If you wish to make a subject access request please contact Mr John
Smethurst, Managing Director at Phoenix Solicitors & Advocates, Suite 1-2, 2nd Floor, Bridge House, Courtenay Street, Newton Abbot, Devon, TQ12 2QS.
When we ask you for your personal data
We promise to inform you why we need your personal data and ask only for the personal data we need and not to collect information from you that is irrelevant or
excessive. When we collect your personal data we have responsibilities and you have rights, these include:-
1. That you can withdraw your consent at any time, where relevant.
2. You can lodge a complaint with the supervisory authority.
3. That we will protect and ensure that no unauthorised person has access to your data.
4. That your personal data is shared with other organisations only for legitimate purposes.
5. That we do not keep your personal data any longer than necessary.
6. That we will not make your personal data available for commercial use.
7. That we consider your request to correct, stop processing, or erase your personal data.
Complaints
When we ask for your information, we will comply with the law. If you consider that your information has been handled incorrectly, we would ask that you would raise it
initially with the Managing Director, Mr John Smethurst at Phoenix Solicitors & Advocates, Suite 1-2, 2nd Floor, Bridge House, Courtenay Street, Newton Abbot,
Devon, TQ12 2QS or you can contact the Information Commissioner for independent advice about Data Protection. You can contact the Information Commissioner at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF