2. WHO THE DATA CONTROLLER IS
2.1. The Data Controller is John Heaney, Managing Director of the Liability Network Ltd, Regency House, Victoria Road, Chelmsford, Essex, CM1 1NZ.
Telephone Number: 01245 499000
3. THE PURPOSE OR PURPOSES FOR WHICH INFORMATION AND DATA WILL BE PROCESSED
3.1. The Liability Network Ltd are instructed primarily to investigate, report upon and negotiate the settlement of third party legal liability claims for and on behalf of our Instructing Principals who in the main are Insurers, their agents and their advisors such as Solicitors but we also undertake services for corporate clients direct. Our services will ordinarily entail the interviewing of witnesses who could be the insured party themselves, perhaps an employee of an Insured or any other witnesses to an accident or set of circumstances. We also collect relevant documentation where this is available and typically, our Principals’ Insureds, the companies against whom a claim is being made, may be under a legal obligation to disclose such documentation in accordance with civil law. Any information and documentation that we collect is collected for the establishment, exercise or defence of a legal claim and for no other purpose and is retained on a strictly confidential basis.
4. WHERE DO WE STORE THE INFORMATION YOU GIVE TO US, THE SAFEGUARDS AND HOW LONG WILL WE STORE IT?
4.1. We use the services of Microsoft who operate to the Privacy Shield Framework, to store and share the information you provide, electronically. Microsoft have servers located worldwide utilising state of the art encryption and breach detection technologies to ensure data security. As an added layer of protection, all personally identifiable information has local level encryption applied before being stored on any remote servers to provide an added layer of data security.
4.2. Any information and documentation that we collect is stored for only as long as is necessary. Where we are acting under instruction from a client, we will act upon their instructions regarding storage and erasure. Any hard copy information and documentation will be confidentially destroyed following expiry of any relevant limitation periods specified under UK law.
5. ANY FURTHER INFORMATION WHICH IS NECESSARY IN THE SPECIFIC CIRCUMSTANCES TO ENABLE THE PROCESSING TO BE LAWFUL AND FAIR
5.1. We will only process the information we receive in pursuit of our legitimate interests as a business. Parties are under no obligation to provide any information unless they have been so ordered to do so by an official public authority such as a Court or Tribunal. In those very limited circumstances, any refusal to provide information may attract a legal penalty imposed by the body ordering the disclosure of the information.
5.2. If we are processing information by consent, the party can withdraw consent to processing the data at any time, provided that party is not under a legal obligation to provide the data, by contacting the Data Controller identified above in writing or by email and quoting their name and the reference number of the claim concerned. Withdrawal of consent might mean that we are unable to further process a claim and instructions will be taken from our Instructing Principals as appropriate in that eventuality.
6. WHAT PERSONAL INFORMATION MAY BE COLLECTED?
6.1. Witness evidence in the form of a signed statement to comply with the legal rules governing the format and content of the statement may be obtained. Names, home addresses or work addresses and dates of birth may be included in any statement. In cases where we are dealing with a personal injury claim which involves a requirement to have a claimant medically examined by a doctor or specialist, we will obtain the relevant medical records of any injured party and disclose these to the doctor or specialist but any such special category data will only be collected once we have the explicit consent to thus obtain it. Medical records ordinarily will be needed to process any injury claim and we will also be required to register any injury claim on the Ministry of Justice Portal and with the Compensation Recovery Unit which is an executive department of the Department of Work and Pensions and to do that National Insurance Numbers will be collected.
7. WHO IS COLLECTING THE DATA?
7.1. The person or company collecting the information is an authorised agent or representative of The Liability Network Ltd. They are contractually bound by strict rules of confidentiality and secrecy and only act in accordance with strict instructions from The Liability Network Ltd and our Instructing Principals.
8. HOW IS THE DATA COLLECTED?
8.1. Information and documentation is usually collected in a variety of ways such as a written statement, paper copies of documentation or photographs or other records which may be sent to us in hard copy format or in electronic format. We routinely scan paper copies of documents and save them to our secure and encrypted servers and databases.
9. WHY IS DATA BEING COLLECTED?
9.1 Information and documentation may be collected which relates to a number of parties to a legal claim whether those parties are the people making a claim or an employee of a company against whom a claim is being made or indeed possibly a witness to an accident which is the subject of a legal claim and those parties may have knowledge surrounding related information and the existence of documentation relative to that claim and they are in direct control of such information and documentation and are authorised to disclose it.
9.2 In cases where we are dealing with a personal injury claim for compensation, any information and documentation is so collected in order to consider the claim being made by any relevant party.
10. HOW WILL THE DATA BE USED?
10.1 The information provided will be used by our Instructing Principals or by The Liability Network Ltd if we have control of the conduct of the legal claim under a delegated authority basis, and will be used to establish, defend or prosecute a legal claim. This may include the disclosure of any witness evidence or relevant documentation to a representative of the opposing party, be it a claimant, defendant, pursuer or a defender and for no other purpose and in accordance with civil law requirements.
11. WHO WILL THE DATA BE SHARED WITH?
11.1 The information may be shared with our Instructing Principals and where necessary their Solicitors or Legal Counsel, representatives of the various parties involved and their Solicitors or Legal Counsel in addition to any presiding Court or Tribunal or other official public body if the matter is not concluded prior to a Hearing.
12. WHAT WILL THE LEGAL EFFECT BE OF THIS ON THE INDIVIDUALS CONCERNED?
12.1 If any legal claim that we are involved with is not compromised before a Court or Tribunal Hearing, various parties may be required to attend Court or a Tribunal in order to give evidence and to be cross examined by Legal Counsel. In our experience, however, the vast majority of cases are settled without the need for any attendance at Court.
13. IS THE INTENDED USE OF THE DATA LIKELY TO CAUSE INDIVIDUALS TO OBJECT OR COMPLAIN?
13.1 We do not expect that any service we provide is likely to give any parties cause to complain about our conduct. However, all parties have certain rights under the GDPR as data subjects. In addition to the control and process obligations under GDPR to ensure lawful, fair and transparent processing of any data, data subjects have the following rights under GDPR:
13.1.1 Right of access to personal data that is held by The Liability Network Ltd
13.1.2 Right to rectification of any incorrect data
13.1.3 Right to erasure of personal data where they satisfy the relevant erasure criteria
13.1.4 Right to restriction of processing personal data
13.1.5 Right to object to processing
13.1.6 Right to data portability which is only relevant where the data is processed automatically
13.1.7 Right to lodge a complaint with the supervisory authority
13.2 There are certain restrictions to these rights and any party so concerned should consult the Regulation for the detailed wording of each of the rights concerned.
14. IS THE DATA REQUIRED IN FULFILMENT OF A STATUTORY OR CONTRACTUAL OBLIGATION OR REQUIREMENT?
14.1 Unless a party has been ordered by a Court, Tribunal or other official public body to do so, they are under no statutory or contractual obligation or requirement to provide information to us.
15. IS ANY DATA USED IN AUTOMATED DECISION MAKING OR PROFILING? HOW ARE DECISIONS MADE AND WHAT IS THE SIGNIFICANT OR LEGAL EFFECT ON ANY PARTY?
15.1 None of the information that we collect is automatically processed or profiled by The Liability Network Ltd.