Latta International Limited Data Protection Policy
Latta International Limited (“we,” “us,” or “our”) is XXXX.
The personal data that we processes to provide these services relates to its clients and other individuals as necessary, including Latta Law Limited (where their services are used) staff and suppliers’ staff.
This policy sets out our commitment to ensuring that any personal data, including special category personal data, which we processes, is carried out in compliance with data protection law. We processes the personal data of staff from all over the world, including the personal data of a large number of non-EU citizens, but is committed to ensuring that all the personal data that it processes is done in accordance with data protection law. We ensure that good data protection practice is imbedded in the culture of our staff and our organisation.
‘Data Protection Law’ includes the General Data Protection Regulation 2016/679; the UK Data Protection Act 2018 and all relevant EU and UK data protection legislation.
This policy applies to all personal data processed by us and is part of our approach to compliance with data protection law. All our staff are expected to comply with this policy and failure to comply may lead to disciplinary action for misconduct, including dismissal.
Data protection principles
We complies with the data protection principles set out below. When processing personal data, we ensure that:
it is processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
it is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
it is all adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
it is all accurate and, where necessary, kept up to date and that reasonable steps will be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
it is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’)
it is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)
We will facilitate any request from a data subject who wishes to exercise their rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay.
ensure that the legal basis for processing personal data is identified in advance and that all processing complies with the law
not do anything with your data that you would not expect given the content of this policy and the fair processing or privacy notice
ensure that appropriate privacy notices are in place advising staff and others how and why their data is being processed, and, in particular, advising data subjects of their rights
only collect and process the personal data that it needs for purposes it has identified in advance
ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it is kept up to date as far as possible
only hold onto your personal data for as long as it is needed, after which time we will securely erase or delete the personal data. We will keep all data for a period of 6 years after the conclusion of our service to you. Once 6 years have passed, we will have the authority to destroy that data. Where data is passed to Latta Law Limited, this can mean that your data requires to be held for an indefinite period of time. Latta Law Limited follow the relevant rules of the Law Society of Scotland in this regard.
ensure that appropriate security measures are in place to ensure that personal data can only be accessed by those who need to access it and that it is held and transferred securely
We will ensure that all staff who handle personal data on its behalf are aware of their responsibilities under this policy and other relevant data protection and information security policies, and that they are adequately trained and supervised.
Breaching this policy may result in disciplinary action for misconduct, including dismissal. Obtaining (including accessing) or disclosing personal data in breach of our data protection policies may also be a criminal offence.
We are a XXX. As part of your instructions to us, you may provide us with personal data and special category personal data. We will hold and process your name, address and contact details as these are necessary to provide you with advice under the contract that we have with you. We will hold copies of your identity documentation as these are required to carry out client identification and money laundering checks as required by law.
We may also hold and process further personal information or special category personal information (including details on your life; marital status; health; criminal convictions; racial or ethnic origin; religion and philosophical beliefs; political opinions; trade union membership; biometric data; sex life and sexual orientation) where this is required and is necessary to provide you with advice.
We may hold these same details regarding others (such as any spouse, partner or child) where required to provide you with advice.
The holding and processing of this data will only be undertaken where necessary for the performance of the contract that you have with us in order to take the steps that we are instructed to do in that contract; where it is necessary for the compliance with a legal obligation on us; where it is necessary to protect your vital interests or the vital interests of another person; or where we have a legitimate interest in holding and processing the data.
Where the data is special category data, we will only hold and process that special category data where it is necessary to protect your vital interests or those of another person who cannot give consent; or where you give consent to do so. We may also require to hold and process that special category data to send to Latta Law Limited in order to establish, exercise or defend a legal claim.
Please note that we may require to pass data or special category data to others where necessary as justified above. These parties may include Latta Law Limited, counsel (members of the Faculty of Advocates), doctors or medical specialists, and other experts.
Data Subject Rights
We have processes in place to ensure that it can facilitate any request made by an individual to exercise their rights under data protection law. All staff have received training and are aware of the rights of data subjects. Staff can identify such a request and know who to send it to.
All requests will be considered without undue delay and within one month of receipt as far as possible.
Subject access: the right to request information about how personal data is being processed, including whether personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information:
the purpose of the processing
the categories of personal data
the recipients to whom data has been disclosed or which will be disclosed
the retention period
the right to lodge a complaint with the Information Commissioner’s Office
the source of the information if not collected direct from the subject, and
the existence of any automated decision making
Rectification: the right to allow a data subject to rectify inaccurate personal data concerning them.
Erasure: the right to have data erased and to have confirmation of erasure, but only where:
the data is no longer necessary in relation to the purpose for which it was collected, or
where consent is withdrawn, or
where there is no legal basis for the processing, or
there is a legal obligation to delete data
Restriction of processing: the right to ask for certain processing to be restricted in the following circumstances:
if the accuracy of the personal data is being contested, or
if our processing is unlawful but the data subject does not want it erased, or
if the data is no longer needed for the purpose of the processing but it is required by the data subject for the establishment, exercise or defence of legal claims, or
if the data subject has objected to the processing, pending verification of that objection
Data portability: the right to receive a copy of personal data which has been provided by the data subject and which is processed by automated means in a format which will allow the individual to transfer the data to another data controller. This would only apply if we were processing the data using consent or on the basis of a contract.
Object to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition unless we can demonstrate compelling legitimate grounds for the processing which override the interests of the data subject or for the establishment, exercise or defence of legal claims.
Special category personal data
This includes the following personal data revealing:
racial or ethnic origin
religious or philosophical beliefs
trade union membership
the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person
an individual’s health
a natural person’s sex life or sexual orientation
criminal convictions or offences
We processes special category data of clients and third parties where it is necessary to protect your vital interests or those of another person who cannot give consent; or where you give consent to do so. We may also require to hold and process that special category data to send to Latta Law Limited in order to establish, exercise or defend a legal claim.
This policy sets out the safeguards we believe are appropriate to ensure that we comply with the data protection principles set out above. We also have a data retention policy of only holding special category date for a period of 6 years after the conclusion of our services to you. We remind you that where Latta Law Limited are used they have a separate policy to follow the requirements of the Law Society of Scotland.
Responsibility for the processing of personal data
The directors of Latta International Limited take ultimate responsibility for data protection.
If you have any concerns or wish to exercise any of your rights under the GDPR, then you can contact the data protection lead in the following ways:
Name: Marie Claire Latta
Address: 137 Sauchiehall Street, Glasgow G2 3EW
Telephone: 0141 222 2185
Monitoring and review
This policy was last updated on 8 August 2018 and shall be regularly monitored and reviewed, at least every two years.