Confidential information Flashcards
What legislation governs confidential infomration?
Data Protection Act 2018 - personal data
Duty of Confidentiality under CCS
How does the data protection act define personal data
personal data means information about particular living individual
It does not need to be private information - info about someone’s personal life can be personal data
Personal data does not include truly anonymous information - but of you can identify someone from the details or by combining it with other information it will count as personal data
What are the data protection act data protection principles?
Everyone responsible for using personal data must ensure it is:
Used fairly, lawfully and transparently
Used for specified explicit purposes
Used in a way that is adequate, relevant and limited to only what is necessary
Accurate and kept up to date
Kept for no longer than is necessary
Handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
As a solicitor how does the duty of confidentiality apply?
Applies to current and former clients
Former clients are those of a firm you used to work for and clients that used to instruct you but now instruct a different firm
Also applies after the client’s death
What are the exceptions to the duty of confidentiality?
Does not apply where disclosure is required or permitted by law
eg HMRC or NCA
Or you might need to disclose to comply with a court order
What is the duty of disclosure?
CCS 6.4 - Where you are acting for a client on a matter you make the client aware of all information material to the matter of which you have knowledge
With the exception that you do not need to disclose to the client if the information could cause serious physical or mental harm to your client or another person or disclosure is prohibited by legal restrictions or by the duty of disclosure to another client
