Our specialist information-law solicitors provide support to values-driven businesses on all aspects of data protection and freedom of information.
If your organisation is storing, copying or transferring personal data or is faced with requests for confidential information, it is imperative that you ensure that you are taking the correct measures to ensure compliance with information-law legislation.
One of the most significant pieces of information law legislation is The Data Protection Act 1998, which controls how personal information about individuals is used by organisations, businesses and the Government. Those responsible for using data are bound by the Data Protection Act to follow the data protection principles, which have been put in place to ensure information is:
- Used fairly and lawfully and with a legal ground for processing.
- Used for limited, specifically stated purposes.
- Used in a way that is adequate, relevant and not excessive.
- Kept for no longer than is absolutely necessary.
- Handled according to people’s data-protection rights.
- Kept safe and secure.
- Not transferred outside the European Economic Area without adequate protection for the data protection rights of individuals.
In situations where the information being used or requested is of a sensitive nature and deals with an individual's ethnic background, political opinions, religious beliefs, health, sexual health or criminal records, there is stronger legal protection.
The Freedom of Information Act provides public access to information held by public authorities. There are two ways in which it does this:
- Public authorities are obliged to publish certain information about their activities.
- Members of the public are entitled to request information from public authorities.
The Freedom of Information Act covers all recorded information that is held by a public authority, such as government departments, local authorities, the NHS, schools and police forces, in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Information held by Scottish public authorities is covered by Scotland’s own Freedom of Information (Scotland) Act 2002.
Our data-protection and freedom-of-information service
Our experience of working with organisation in the social-business sector means we understand that social-business clients often handle a wide variety of sensitive and confidential personal data. We will work in partnership with you to ensure solutions to data protection issues such as requests for disclosures of personal data to third parties and complex subject access requests under the Data Protection Act 1998.
We regularly work with values-driven businesses operating in the social-business sector to assist with issues that can arise under the Freedom of Information Act 2000, particularly where clients enter into contracts with public-sector bodies and provide bespoke training programmes on Data Protection and Freedom of Information.
At Anthony Collins Solicitors our experienced team uses their extensive health and social care sector and legal knowledge to ensure your organisation operates in accordance with the law relating to Data Protection and Freedom of Information, including:
- Advice on data security, data breaches and reputation management.
- Drafting of, and advice in relation to, policy documentation, privacy notices, data-processing contracts and data-sharing protocols.
- Advice in relation to requests for disclosure, subject access and applicable exemptions.
- Advice in relation to collection and handling of personal data and, particularly, sensitive personal data and the legal grounds for processing under the Data Protection Act.
- Advice on the direct marketing rules under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- Assisting with making Freedom of Information Act (FOIA) requests and advice in relation to the receipt of such requests, including applicable exemptions.
- Advice on privacy affecting technologies such as CCTV.
- Advice in relation to DBS checks and conviction information.
- Review of commercial contracts and advice in relation to Freedom of Information Act and Data Protection clauses, including implications for outsourcing, cloud computing and international data transfers.
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In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
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