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The introduction of the General Data Protection Regulation (GDPR), now ‘UK GDPR’, and the Data Protection Act 2018 means that awareness of data protection rights has never been higher. Ensuring that those rights are honoured is more important than ever before.
If you are concerned about the way an organisation has handled your personal information, whether what they hold is wrong, or if they have lost it or shared it with someone else, we can help.
JMW’s team of data protection solicitors has a wealth of experience that 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 0345 872 6666 or fill in our online enquiry form and one of our specialists will get back to you.
How JMW 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.
JMW’s data protection department has a strong track record of helping and advising individuals and companies in a wide variety of different situations regarding data rights.
Your Data Rights
Making a complaint or claim
When data protection rights are not complied with, our knowledge and expertise mean that we can help you to achieve a resolution using the most appropriate channels.
We help clients who want 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 suitable to bring a civil claim.
Obtaining copies of personal information
We regularly prepare data subject access requests (SARs) to help clients access and obtain copies of their personal information. We also advise on whether or not a request has been adequately responded to and the options available to you 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Sometimes information held by an organisation about you might be incorrect, irrelevant, excessive, incomplete or out of date.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 used in line with data law.
Given how accessible online information has become, there is an increasing worry about what other people can find out 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 from the internet and other sources.
Preventing automated decisions being made about you
As technology advances, 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, which often use preprogrammed 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, which is known as a freedom of information (FOI) request.
Advice for Organisations 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
- You may not know what should and should not be disclosed in accordance with data protection law and ICO guidance
Our team can provide support in responding to the request. We can also give 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 necessary, we will involve JMW’s specialist business crime and regulatory department in order to provide a holistic, well-rounded legal service, ensuring that all angles are covered.