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Data Position

Data Position

Our client has legitimately provided us with your personal details & information detailing your involvement in the incident for us to pursue a civil claim on their behalf, pursuant to Section 35 DPA (Section 8 in ROI). RLP is the Data Processor. The Claimant is the Data Controller.

The Data Protection Act 1998 (DPA) or Data Protection Act 1988 & 2003 in ROI requires that the information held is accurate and complete. If you do not provide any information to the contrary, we will rely upon our client’s account as accurate. If you believe the information we have is not accurate it is important you advise us so this can be recorded on your case. Any information or personal sensitive data you supply will be used for the sole purpose of determining whether to proceed with the claim. The data is retained securely and will be destroyed confidentially.

Your data will not be disclosed to a third party without your consent. We do not share data with credit reference agencies or similar. RLP does share information with the Police or other relevant body, where it is in the interest of preventing and detecting crime, pursuant to Section 29 DPA (or Section 8 in ROI), or under an Information Sharing Agreement. Within the UK if you are over 16, your data could be held on a database of civil recovery incidents, which could be made available to a closed member user group, for the purpose of employment screening. Such information could not be disclosed without your prior consent. If you are aged between 16 and 18, we will only retain the information for 3 years. If you are over 18, the information may be held for 6 years.

Minors have same rights of privacy as adults. This right has to be balanced against the best interests of the young person. Where they give consent, information can be disclosed to a third party such as, parent/guardian, family member, teacher. Where consent is not given, the fact of their age requires consideration as to whether they have maturity and capacity to understand the claim and its consequences or the risks associated with it. It may be appropriate to write to a parent or guardian.

If a third party can provide evidence on a vulnerable adult and a sufficient lack of understanding of the claim, or risk to that individual we are permitted to correspond with a third party without the need for express consent.

If you have any queries or complaints regarding your data, you are required to contact us in the first instance. If then dissatisfied with our response, you may refer your concern to the ICO at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (or Data Protection Commissioner, Canal House, Station Road, Port Arlington, County Laois in ROI). More info at www.ico.gov (or www.dataprotection.ie)

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