Mark

 

I am not sure that a request for a file and a GDPR request are necessarily the same thing.

 

On a request for a file, we would provide the material on a disk (rather than in paper format) and we now cover this in our client care letter to say this is what we will do. I spoke to the SRA about it and they were ok with it if it is covered in the client care letter or if the material had not existed in paper format. I might send some of the file in paper format as well if it previously existed in paper format and it will help the client but with the DCS and IDPC this is becoming rarer. The last one I sent back, I did send the evidence in paper form and the file on disk. The disk should be passworded and the password communicated separately.

 

Obviously you cannot return a copy of any ABE interview under your undertakings or any document that is specifically marked as not disclosable to the client (some psychiatric reports from the court for instance).

 

According to the SRA, internal memos and attendance notes of work done (except advice given) are not the property of the client. I agree with the first bit but am not sure they are right about the second. I return all attendance notes. I believe there is some guidance on the Law Society website as to what part of the file belongs to the firm and which to the client. For instance, I would usually not send back internal memos or funding material. However, if a client insists on it, I have returned it in the past with a caveat that this is going beyond our duty to return files.

 

As for GDPR, I am also a little uncertain as to how much of the above that changes. I would want the client to specifically make a request under the GDPR rather than just ask for their file so we know we are dealing with a GDPR request. You are able to redact information under GDPR I think and I suspect that internal memos etc may become disclosable under GDPR. Really proper guidance is needed from the Law Society as what is out there is not very clear.

 

Not sure this is so helpful but I think we all need some guidance. The above is only my view and could be wrong – please do not rely on it!!!

 

Steven Bird |  Managing Director

Birds Solicitors

 

61 Wandsworth High Street | Wandsworth | London | SW18 2PT| DX 59062 WANDSWORTH NORTH

T: 020 8874 7433 | DDI: 020 3657 7260 | F: 020 8870 4770   

E: s.bird@birds.eu.com  | W: www.birds.eu.com

 

Follow us on Twitter

 

 

 

 

 

 

P Please consider the environment before printing this email   

 

The information in this e-mail (which includes any files transmitted with it) is confidential and may also be legally privileged. It is intended for the addressee only. Access to this e-mail by anyone else is unauthorised. Unauthorised recipients are required to maintain confidentiality. If you have received this e-mail in error please notify us immediately, destroy any copies and delete it from your computer system. Any use, dissemination, forwarding, printing or copying of this e-mail is prohibited. Copyright in this e-mail and any document created by us and sent as an attachment to this e-mail will be and remain vested in us and will not be transferred to you.

Birds Solicitors is a trading name of Birds Solicitors Limited, a company registered under company number 07191888. The registered office of Birds Solicitors Limited is 61 Wandsworth High Street, London SW18 2PT. Birds Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority under SRA No. 534497

 

From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Sent: 30 July 2019 17:18
To: members@mail.lccsa.org.uk
Subject: FW: GDPR

 

 

 

GDPR request: A couple of clients have made GDPR requests for their files at the end of the case. The prospect of having to download electronic data, find and copy each and every email and attendance note to send to each client who asks on top of doing the poorly paid work in the first place is enough to make me think why bother with this work…. The Law Society Website advice has no practical guidance of what we are required to do in these circumstances.

 

A client file may contain:

  1. Electronic IDPC
  2. Crown Court papers which are actually stored on the Crown Court Digital System
  3. Discs such as ABEs or telephone data provided by the Crown
  4. Links to recordings of BWC or CCTV which could be downloaded and stored separate from the link.
  5. Copy correspondence/emails to and from CPS
  6. Copy correspondence/emails to and from the client
  7. Notes of clients instructions
  8. Other attendance notes made by the solicitor
  9. GP documents provided by the client
  10. GP or other expert documents obtained by the solicitor, possibly electronically stored.
  11. Name address telephone number NI number email address  date of birth of the client
  12. Other miscellaneous things

If a client asks for GDPR access to their file, which of the above are we obliged to provide to the client? The client will have received correspondence from us during the case and will have received other documentation as well. Can we tell them that we have their name address etc which we are obliged to keep for a number of years because of the retainer and the funding and leave it like that?  If we have to download and print information how much can we charge for doing so?

 

 

Mark Bagshaw

Partner

Bagshaws Criminal Defence

Greystoke House, 80-86 Westow Street, London SE19 3AF
Tel:  020 8768 6400
Fax:  020 8768 6434
DX:  34150 Norwood North

Email: m.bagshaw@allaw.co.uk

CJSM email: m.bagshaw@hartnells.com.cjsm.net  

 

 

 


Amphlett Lissimore Bagshaws LLP - a limited liability partnership no. OC356781 registered in England and Wales.
Registered office: Greystoke House, 80-86 Westow Street, London SE19 3AF
Regulated by the Solicitors Regulation Authority

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.