Important Notes – How we use your information
This Notice is important and should be read by the person making the claim. Please ensure that this Notice is brought to their attention.
In this Notice the words “you”, “your” and “yours” refer to the person making the claim. The information listed is provided following strict controls following the implementation of the General Data Protection Regulation (GDPR) We will act as a Data Controller
What information do we hold about you?
The Data Controller will hold personal details, full name, address , date of birth, registered GP practice and details about your accident. It will also include medical records whether this be a general practitioner records, hospital notes including scans or treatment records. It may also include other personal information required by an insurer and/or requested by an expert from time to time.
Your account and subsequent data is also protected by a unique password. Data is stored internally on Alkers solicitors private server and is not exposed to the internet unless it is handed to a medical agency for further processing. We would expect a medical agency to comply with the General Data Protection Regulation.
Who will have access to your data?
The information we obtain about you during the course of handling your claim. This information will be sent to a chosen medical expert in regard to an appointment. They, like us will comply with the provisions laid out in accordance with Data Protection.
How long will the information be required?
Your personal details will be held on a secure server (pass word protected both internally and externally) for a period of no more than 6 years. Your medical records and or other information as above will be deleted when your claim has settled.
Why do we need this information?
Your information is required to assist with any claim you have brought against a defendant in line with the relevant protocol and will be used to assist an expert in providing a definitive opinion and prognosis in referring to the extent of an injury/illness and whether it is linked to the action you are claiming for, valuing your claim, referring to any ongoing medical conditions which may affect your claim, treatment recommendations etc.
Subject Access Request
You are entitled to request any information we hold on our systems and we must respond to you with the information within 40 days.
How we use your personal information
We and our selected third parties will only collect and use your personal information (1) where processing is necessary in connection with processing your claim (2) to meet our legal or regulatory obligations or (3) for our legitimate interests. It is our legitimate interests to collect your personal information as it provides us with the information that is required to assist with your claim. Examples of the purposes for which we will collect and use your personal information are:
- To identify you when you contact us.
- To deal with administration and assess claims.
- To make and receive payments on your behalf.
- To obtain feedback on the service we provide to you.
How long do you retain my personal information for.
We will retrain and process your personal information for as long as necessary to meet the purposes for which it was originally collected. These periods of time are subject to legal, tax and regulatory requirements or to enable us to manage our business.
Who provides this information?
Usually it is your instructed solicitor in regard to a claim you have made.
Fraud Prevention & Detection
In order to prevent and detect fraud, we may share information about you with other organisations including the Police, conduct searches about you using publicly available databases, check and/or share your details with fraud prevention and detection agencies and undertake credit searches. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering.
Please contact our Claims Handling Team if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
Communications may be recorded or monitored to improve our services and for security and regulatory purposes.
Please be aware that both inbound and outbound communication by email may not be secure as messages can be intercepted.
In the event of a Data Breach.
We keep detailed audit logs to help monitor data and keep track of potential security breaches or internal misuses of information. They help to ensure users follow all documented protocols and also assist in preventing and tracking down fraud. Any indication of a Data Protection breach will be reported to the Information Commissioners Office. This can include a site being hacked, sending an email to the wrong person, accidently deleting data and even a web site going down.
Your data Protection rights.
You have a number of rights under the data protection laws, namely
- to access your data (by way of subject access request)
- to have your data rectified if it is inaccurate or incomplete.
- in certain circumstances to have your data deleted or removed.
- in certain circumstances to restrict the processing of your data.
- a right of data portability, namely to obtain and reuse your data for your own purposes across different services.
- To obtain direct marketing.
- Not to be subject to automated decision making where it produces a legal effect or a similarly significant effect on you.
- to claim compensation for damages caused by a breach of the data protection legislation.
- if we are processing your personal information with your consent, you have the right to withdraw your consent at any time.
By signing and returning the consent forms, you consent and agree to the collection and use of your personal information (including sensitive personal data) by us, provided it is used as set out in this Notice.