Data Rights

Are you concerned about the way an organisation has handled your personal information? Is the information they hold wrong? Or has an organisation lost it, or shared it with someone else? If so, we can help.

Large organisations and businesses rely on using personal data to provide goods and services. The development of computers and the internet makes such use increasingly sophisticated. Technology offers many opportunities, but it also creates risks.

The law grants rights to individuals whose data is used and imposes obligations on those who use it. It regulates how data is collected, used and stored. Data protection law is therefore of vital importance to both individuals and organisations.

The introduction of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 means that awareness of data protection rights and ensuring that those rights are complied with is more important than ever before.

JMW’s team of data protection lawyers has a wealth of experience, which enables us to provide clients with comprehensive advice in relation to all aspects of data protection law.

To speak with a solicitor about a data rights legal issue, get in touch with our team today by calling 0800 652 5577 or fill in our online enquiry form and one of our specialists will get back to you.

How we can help

Making a complaint or a claim

When data protection rights are not complied with, our knowledge and expertise means that we can help you to achieve a resolution using the most appropriate channels.

We can assist clients who wish to make a complaint to the Information Commissioner’s Office (ICO). In appropriate circumstances, such as in the event of a data breach, it may also be appropriate to bring a civil claim.

Obtaining copies of personal information

We regularly prepare Data Subject Access requests to help clients to access and obtain copies of their personal information.

We also advise clients in relation to whether such requests have been adequately responded to and the options available if further steps are required.

Correcting or deleting personal information

Sometimes information held by an organisation about you might be incorrect, irrelevant, excessive, incomplete or out of date.

We provide advice on how best to obtain a correction or deletion of personal information when that information is not being processed in accordance with data rights.

Given how accessible online information has become, many of us increasingly worry about what other people can find out about us through a simple internet search. The right to erasure (more commonly known as “the right to be forgotten”) concerns the right of an individual to request the deletion of certain personal information by a data controller, including internet search engines and the media.

We have substantial experience of assisting individuals to remove their personal information from the internet (and other sources). Get in touch with us today to find out more.

Advising you regarding automated decisions made about you

As technology develops, the use of artificial intelligence and automated processing is increasing. For example, automated processing can arise in applications for credit, or a recruitment aptitude test, often using pre-programmed algorithms and criteria.

Where such processing infringes your rights, we can help you to prevent the automated processing of your personal information. We can also help you to exercise your rights in relation to data profiling.

Obtaining information from a public body

Under the Freedom of Information Act, you have the right to request any recorded information held by a public authority, such as a government department, local council or state school.

We can provide assistance in relation to this type of request for information – known as a ‘Freedom of Information’ request.

Responding to Data Protection Complaints

In addition to advising individuals, JMW’s data protection team regularly advises organisations on compliance with all aspects of data protection law.

We routinely advise organisations on how to respond to Data Subject Access Requests, particularly in cases involving complex and contentious issues. For example, a request may be made by a former employee or within the context of an ongoing legal dispute; the data requested may be wide-ranging or difficult to locate; or you may not know what should and should not be disclosed in accordance with data protection law and ICO guidance.

We also provide first response advice in relation to data breaches and advise organisations in relation to civil claims brought against them by data subjects as a result of a breach.

If you or your organisation are facing an investigation by the ICO, our specialist team can guide you through the process and help you to respond appropriately.

Where appropriate, we will also involve JMW’s specialist Business Crime and Regulatory lawyers in order to provide a holistic, well-rounded legal service ensuring that all angles are covered.

Why Choose JMW?

The data protection department has a strong track record of helping and advising individuals and companies in a wide variety of different situations. JMW has been at the forefront of this developing legal area. We can call on years of experience to help guide you towards the best possible result.

Talk to Us

To speak to a solicitor about a data rights issue, please get in touch by calling us on 0800 652 5577 or fill in our online enquiry form and let us know a suitable time to get back to you.

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