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Data Protection Act

Intelliworks manages the information you hold on your clients to ensure you stay compliant.

The Data Protection Act 1998 (“the Act”) imposes a series of obligations on lawyers and licensed conveyancers.

If you provide legal services and process personal data:

  • you must notify under the Act – failure to do so is a criminal offence
  • you must renew your registration annually
  • you must comply with the eight principles set out in the Act, namely:
    1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—
      1. at least one of the conditions in Schedule 2 of the Act is met, and
      2. in the case of sensitive personal data, at least one of the conditions in Schedule 3 of the Act is also met.
    2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
    3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
    4. Personal data shall be accurate and, where necessary, kept up to date.
    5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
    7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
    8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
  • You need to keep personal data up to date which means managing that data (Principle 4)
  • You need to keep that data secure (Principle 7). That includes computer security and e-mail and fax security

Use of the Intelliworks database and reporting systems will help you keep your client data up to date and to manage it in an effective fashion.

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