Privacy Policy

In Your Defence Ltd – Privacy Policy – General Data Protection Regulation (GDPR)

Hello, in order to conduct a mutually beneficial working relationship with In Your Defence Ltd (‘IYDL’) the data provided by you may be used for different purposes and in various ways. We are of course regulated by the Solicitors Regulation Authority (‘SRA’) and we are a limited law company registered in England and Wales. In Your Defence Ltd Solicitors is committed to protecting and respecting your privacy. 

IYDL clients are referred to our Client Care and Terms of Business Letter (‘CCTB’). It is to be noted that we do not hold client’s account money. We only operate on a clear agreed fixed fee basis. 

We ask that you regularly check our website for updates as we may update this notice at any time. 

We are a regulated data controller in that we are responsible for the holding and use of personal information about you in connection with our criminal practice. Our business relationship with our clients is at the core of what we do, and we would therefore like you to mention to us any changes of personal information during the course of our agreed fixed fee (‘AFF’) contract with you. 

It is to be noted that we do not do any public defending work for the Legal Aid Agency, an executive agency sponsored by the Ministry of Justice. We do however have to know certain information about our private fee clients in order to conform to the Anti-Money Laundering and Know Your Client requirements. Therefore, we must have clarity as to who we are contracting with.

Personal Information May Include

In order to act on your instructions under the AFF for each stage of your case we must have your brief details such as name, address and contact information. Our processing is necessary for the provision of advice and representation in anticipated, ongoing or concluded legal investigations / proceedings. Personal information contained in evidence or documents by way of disclosure from the police, Crown Prosecution Service (‘CPS’), National Probation Service (‘NPS’) or the courts and other services. By instructing us on a case this processing is essential in order to provide legal advice, legal assistance or representation in court proceedings. Again, to provide you with the necessary assistance on criminal matters we may process relevant background and intimate information about you. This may include your personal history, home and family circumstances, education, employment and financial details. This processing of information may be a benefit to you and is often essential in defending you in criminal investigations and proceedings. Also, information relating to the performance of the AFF contract between us which may include bank details or other financial information. 

Individual Service Providers

We may process your name title and business contact information (addresses, telephone numbers and email addresses). Also, information relating to the performance of the AFF contract between us which may include bank details or other financial detais for payment and administrative processes.  

Information About Third Parties Involved in Client Cases

Often, we may process information about other lawyers, professionals, witnesses, experts or others involved in a case in order to provide the necessary advice and assistance. 

How do we Collect Personal Information?

Personal information is collected from you when you enquire about our services, when you become a client with IYDL by entering into an AFF contract or where we enter into a contract to receive services from you. This may be ongoing information collection during the currency of our instructions or the duration of the provision of services to us. We collect information about our clients or third parties and this may come from our clients or from third-parties (or their lawyers or professional advisors acting on their behalf). We reiterate that we collect information from professionals working in the Criminal Justice system such as the NPS. This may also include professionals advising our clients on a matter such as our London based counsel. 

Our websites use Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics works using cookies. Google Analytics cookies collect your IP address. However because IP anonymisation is used on this website, your IP address will be shortened (and therefore anonymised) as soon as technically possible and before it is stored or otherwise used in connection with Google Analytics. The anonymisation process takes place within the European Union or the European Economic Area, except in exceptional cases, where your full IP address may be sent to a Google server in the USA and shortened there. We use the information collected by Google Analytics cookies to find out about how visitors use our website. The IP address sent by your browser in connection with Google Analytics should not be combined by Google with other data. You can prevent Google Analytics cookies from being stored by setting your browser software accordingly. However, please note that you may not then be able to make full use of all the websites’ functions. You may also opt-out of Google Analytics by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Legal Grounds for Collection and Use of Your Personal Information

We may use your personal information in the following circumstances: 
To provide you with legal advice and representation. Responding to your queries. To perform the AFF contracts. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. In order to comply with a legal obligation. Preventing or detecting fraud of other criminal offences. Otherwise, with your consent. Using in the investigation and/or defence of potential complaints. Disciplinary proceedings and legal proceedings. Rarely, where we need to protect your vital interests (or someone else’s interests) or where it is needed in the public interest. 

The above categories should of course be in line with applicable law and your legal rights and freedoms. We will only use your personal information for the purposes for which IYDL collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Please note that our processing of your personal information may be done without your knowledge or consent in compliance with the legal rules above, where this is required or permitted by law. 

IYDL and Sensitive Data 

IYDL are criminal lawyers and in order to provide our clients with advice and representation we may collect, store and use any of the following categories of information about clients, prospective clients and information about other parties in the case: 
Information as to criminal convictions and offences. Nationality, race or ethnicity. Mental or physical health. Political opinions. Religious or philosophical beliefs. Sex life or sexual orientation. Information to uniquely identify you. 

The processing of this element of information is where it is necessary to defend anticipated or ongoing legal investigations or proceedings. We may process particularly sensitive information if we are under a legal obligation, if it becomes necessary to protect your vital interests or those of another, or for reasons of substantial public interest.

Information About Criminal Records

IYDL use information relating to criminal records where the law allows us to and where this is necessary in the course of providing the advice and representation to you. This may be in the context of an investigation or court proceedings against you. This might include a bad character application or in mitigating a potential sentence. IYDL may use information relating to criminal records where it is necessary in relation to legal investigations or proceedings. Also, where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving, or where you have already made the information public. 

Who do we Share Your Information With?

IYDL may share your personal data with third party service providers who provide services to us and to other third parties who use your information, as data controller, for their own purposes. We may share a client’s personal information with other data controllers where required by law. An example may be under our Anti-Money Laundering procedures or to meet our regulatory requirements. Also, with our professional insurers. We share information with: The SRA, HMRC or other government or law enforcement agencies. Also, with our professional indemnity insurance broker and our insurance providers. IYDL are approved and regulated by the SRA and we are bound by legal professional privilege confidentiality. Unless IYDL are required by law, or we believe it is in yours or someone else’s vital interests, we will not share your personal data without your prior consent. We may share your information if we refer you to a third-party advisor for specialist advice (such as our London counsel) or if we are prevented from acting for you due to a conflict of interest. If IYDL share information with other approved controllers, such controllers are responsible to you for the use of your information and legal compliance. IYDL currently utilise third party service providers on our behalf for the following: 
IT support and maintenance. Archiving and records management. Confidential waste disposal. Our website hosting and analytics. Experts providing reports. Counsel (barristers) providing advice and representation. 
Where relevant and possible, IYDL utilise secure Criminal Justice encrypted communications. All IYDL third party service providers are required to have appropriate security measures to protect your personal information in line with our policies. IYDL permit them to process your personal information for specific purposes and to comply with our instructions. We do not allow these third-party service providers to use your personal information for their own purposes.  

How Long do we Keep Your Personal Information?

There are minimum retention periods required by law. These may be for compliance with the SRA requirements, Anti-Money Laundering law and compliance with HMRC. IYDL’s secure server retains your information electronically for a period of six years because we deem it necessary for our clients’ interests for us to retain information relating to previous cases. This might be in order to properly represent them in any new case or where, often many years later, we receive a request for information relating to the file. 

Your Rights

Under certain circumstances you may have the legal right to: 
Withdraw consent in the circumstances where you have provided your consent to the collection, processing and transfer of your personal information for a specific purpose. Request the restriction of processing your personal information. You may ask IYDL to suspend the processing of personal information about you. An example might be if you want IYDL to check the accuracy or the reason for the processing. Request the transfer of your information to another party. Request correction or deletion of your personal information. You may therefore have incorrect information corrected or request deletion of this information where there is no good, regulatory or legal reason for us to continue to process it. Object to the processing of your personal information where we are relying on a legitimate interest (or those of a third-party). 
You should not have to pay a fee to access your personal information or exercise any of your other above-mentioned rights. We do however retain the right to charge a reasonable fee if your request for access is excessive or unfounded (alternatively, we may refuse to comply with a request in such circumstances). We may need confirmatory or specific information from you in order to confirm your identity and ensure your right to access the information or to exercise any of your other rights. IYDL believe this is crucial in ensuring that personal information is not disclosed to any person who has no right to receive it. 

Future Changes to Our Privacy Policy

Any changes IYDL make to this privacy policy will be posted on our sites and, if appropriate, notified to you. The IYDL Data Protection Officer is our Chairman, Andrew Parker. If you wish to contact us to request access to your information, please call 01293 550 400 or email support@iydl.co.uk. Our postal address is In Your Defence Ltd Solicitors, Bolney Place, Cowfold Road, Bolney, West Sussex, RH17 5QT. You have the right to raise concerns with the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Updated 29/11/18

A WORD FROM OUR CLIENTS

Twitter Updates

We defend drivers.#M23Law at #InYourDefenceLtd represent suspects accused of any #motoringoffence incl:… https://t.co/2fXwfNaDm2 4 days 5 hours ago
RT @InYourDefenceUK: #BlackFriday? Sorry, no discount deals. Just effective legal advice & assistance. But if you’re under a black cloud o… 1 week 12 hours ago
RT @InYourDefenceUK: Grounds for a good defence: Sorry #Everton supporters but a good defence stays focused to the end, you’ve got to hand… 1 week 12 hours ago