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Mandy Peters Solicitors – Data Protection & Privacy Notice- May 2018

Thursday, May 17th, 2018

Data Protection & Privacy Notice- May 2018

Definitions:          References to “You” refer to you the client.

References to “We” or “Us” refer to Mandy Peters Solicitors

Name                       Mandy Peters Solicitors       VAT 914 9241 24

Reg. Office            Mandy Peters Solicitors, 345 Lee High Road,     London,     SE12 8RU

Telephone                       020 8297 4000

Email                                 advice@mandypeterssolicitors.co.uk

SRA details                    Mandy Peters Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No 425170).

ICO Registration         Mandy Peters Solicitors is registered as a Data Controller with the Information Commissioner’s Office.  Reg. Z1094744.

Mandy Peters Solicitors respects your privacy and is committed to protecting your personal data.  We agree to to comply with all relevant data protection laws in force within the UK at the time of instruction including the General Data Protection Regulations (as enacted in UK).  This privacy notice aims to give you information on how Mandy Peters Solicitors collects and processes your personal data.

How we use your data

 We will only use your personal data when the law allows us to. Most commonly, we will use your data (a) where it is necessary for our legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interests and (b) where we need to comply with a legal or regulatory obligation

The types of lawful basis that we will rely on to process your personal data are set out below. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message.  You have the right to withdraw consent to marketing at any time by contacting us.

 Lawful Basis and your rights

The lawful basis upon which we rely to process any personal data is contract necessity, legal obligation and legitimate interest in respect of the provision of the services. You will have the right to data portability of your personal data in the event you wish to move to another provider and we have the electronic ability to do this quickly and easily.

Should we wish to send you updates in respect of Know-how and activities then we will seek your consent regarding unrelated marketing matters; you will always have the opportunity to quickly and easily unsubscribe in respect of any mailings.

If you are a business contact that we have met through networking and wish to stay in contact with you or wish to refer business to you, then we will rely on legitimate interest to do so since we believe that this is the nature of business networking and it would be in both of our interests to do this. For these purposes, you have the right to object to such processing, the right to erasure and the right to amendment of your personal details we process thereunder.

Sharing of your personal data

In respect of client work, we will obtain personal data from you when taking instructions on the file and share data with other parties when;

  • We are undertaking your ID checks
  • Working on our electronic systems (Provided through Microsoft Office 365)
  • Working with permitted third parties with your consent (e.g business contacts, other solicitors, Barristers, professional advisors)

Should you choose not to provide your ID, we will possibly be unable to provide our services; this depends on the nature of the advice being sought. You should be aware that the Solicitors Regulatory Authority direct us to undertake “know your client” checks on every client of the firm and this is one of the reasons why we do this, as well as to comply with Money Laundering requirements.

You may withdraw your consent to our sharing of data with third parties at any point in time; kindly do this in writing to advice@mandypeterssolicitors.co.uk.   We share our opinions, activities, information and posts on various social media platforms eg. Linked in, Facebook and Twitter. As public forums- your rights are largely under your control accessed via your account administration panel; please check the relevant platform’s privacy policy for further information.

Should you be a business contact that we have met through business marketing then we may provide people with your personal data in order to refer business or enquiries to you.  We will retain your business card in our locked office.

Transfer of Data outside the EEA

To the best of our knowledge, none of the client data within Mandy Peters Solicitors is transmitted outside of the EEA (unless this happens technologically without our knowledge).

Information security

Our electronic systems are based on Microsoft Office 365 for which all staff use a paid business package for the services we use in Mandy Peters Solicitors. Our systems inform us that all firm data is actually based in the UK. We use up to date commercial grade anti-virus software on our systems and these are automatically updated to maintain safety of our electronic systems. All computers and devices are password protected. We print out the minimum required for paper files – and what files exist are kept in a locked office at all times.

Data Retention Periods

Ordinarily, we will store client file data for 7 years (statutory 6 years + 1 to allow overlap of years) and it will be erased, burnt, deleted thereafter. If there is a statutory/regulatory requirement to keep the documentation for a longer period – it will be kept for that period.

Your Data Subject Rights

Subject Access Requests: should you wish to exercise your right to submit a Subject Access Request under GDPR/UK Data Protection Bill/Act then you must submit your request via email to  Mandy Peters Solicitors together with a copy of your photo ID (Passport/driving licence) to advice@mandypeterssolicitors.co.uk.  We may refuse to comply in the event of a manifestly unfounded, excessive or repetitive request. We will check our systems for the requested information and a response will be made available to you within 28 calendar days.

We will ordinarily exercise any reasonable request for rectification (innacurate/incomplete personal data), erasure, restriction of processing, portability of data as soon as reasonable practicable save unless there is a lawful reason as to why we need not comply with such request.

If you require your data to be ported to another firm – then we will do that provided all fees that are undisputed and due have been paid.

Automated Decision Making

Note that Mandy Peters Solicitors does not make automated decisions.

Cookies

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies.  If you disable or refuse cookies please note that some some parts of this website may become inaccessible or not function properly.

Complaints

If you are concerned about the way we have handled your personal data – you have the right to complain to the ICO (Information Commissioner’s Office). You should note that they have an expectation that you will have raised it with Mandy Peters Solicitors directly first, so please contact advice@mandypeterssolicitors.co.uk in the first instance and we will deal with your complaint as soon as reasonably practicable.

Should you require independent advice on how you can raise a concern with Mandy Peters Solicitors you may wish to visit the ICO’s website https://ico.org.uk/for-the-public/raising-concerns/

If you would like to report a concern then the ICO’s current contact details are available at https://ico.org.uk/concerns/ or call the ICO helpline at 0303 123 1113

Mandy Peters Solicitors

May 2018

 

 

 

 

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Tuesday, June 11th, 2013

 

 

UK’s use of drones in Afghanistan ‘may be in breach of international law’ in Afghanistan.

Monday, June 10th, 2013

The MoD has confirmed such drones can be operated remotely from RAF Waddington in Lincolnshire. Photograph: MoD/EPA

 

Reported in the Guardian. Saturday 8 June 2013

The use of remotely piloted drones by British forces in Afghanistan may be in breach of international law, a controversial legal opinion circulated to peace campaigners and released on Saturday claims.

The argument challenges the well established legal defence set out by the RAF for deployment of unmanned aerial vehicles (UAVs) in the UN-sanctioned conflict.

Publication of the document coincides with the court appearance this week of six anti-drone protesters who pleaded not guilty to causing criminal damage following the first mass trespass inside the RAF’s new ground control for Afghan drone operations.

Written by Phil Shiner and Dan Carey of the Birmingham-based Public Interest Lawyers, the legal opinion argues that use of drones inside Afghanistan, which is a UN-declared conflict zone, is subject to the European convention on human rights (ECHR). That principle is already established in British case law, they say, in relation to the case of Al Skeini, which went to judges in Strasbourg and concerned the killing of civilians during British security operations in Iraq.

Their document states: “The requirement to use ‘no more [force] than absolutely necessary’ in article 2(2) [of the European convention relating to when it is permissible to take life] places a significant restriction on drone use.

“Only when it is absolutely necessary to kill someone rather than arrest/disable them will the use of drones be lawful. And even then, drones may only be used for one of the purposes in article 2(2), most relevantly, in self defence under 2(2)(c).

“Provided therefore that UK jurisdiction for the purposes of the ECHR is established, then the application of the ECHR would limit the use of drones solely to situations in which there is an immediate threat to life. This prevents the carrying out of ‘targeted killings’ and narrowly circumscribes their use even on ‘the battlefield’.”

“There is therefore a strong presumption that the UK’s drones programme is in breach of international law.”

The protesters, two of whom are priests, entered RAF Waddington in Lincolnshire on Monday and were brought before Lincoln magistrates on Tuesday. They say their action was to prevent crimes being committed in Afghanistan. A fence was cut, pictures of civilian victims distributed and a “peace garden” created inside the base.

The six Disarm the Drones activists are: Chris Cole, a drones researcher from Oxford; Fr Martin Newell, a Catholic priest from London; Rev Dr Keith Hebden, an Anglican vicar in Mansfield; Susan Clarkson, a Quaker pensioner from Oxford; Henrietta Cullinan, a teacher from London; and Penny Walker, who describes herself as a grandmother from Leicester.

Cole said: “We cut the fence in order to prevent more serious crimes in Afghanistan. We were inside for about an hour and a half before they arrested us.”

Hebden told the Guardian: “Drones go against international law, you can’t warn anybody or engage with the local community. There’s between a one and four-second delay between people on the ground [in the UK] pulling the trigger and the drone firing. They are not the accurate weapon commonly portrayed.”

Walker said: “This was the first mass trespass at RAF Waddington. Our defence is that we were preventing a worse crime.”

All six were held in custody over Monday night. Several said their computers had been seized during police searches despite the fact that conspiracy charges had been dropped. A condition of their bail prevents them returning to Lincolnshire.

Remotely controlled armed drones used to target insurgents in Afghanistan have been operated from RAF Waddington, the home of XIII squadron, since April. The Ministry of Defence has consistently defended its use of remotely piloted drones and published detailed legal justifications. A spokesman said: “All operations, including those involving unmanned aerial systems, are informed by appropriate legal advice and are conducted in accordance with applicable International Humanitarian Law.

“Unmanned Air Systems are subject to legal reviews during the acquisition process, in accordance with the UK’s responsibilities under article 36 of Protocol I Additional to the Geneva conventions of 1949. The reviews have concluded that UK UAS currently in use are capable of being used lawfully and in accordance with all relevant international and domestic law.”

A defence source questioned whether the same conclusions would apply to weapons dropped from traditional aircraft or even artillery and mortar rounds.

New interviews for students

Thursday, August 30th, 2012

Following a successful pilot, Immigration Minister Damian Green has announced that a targeted interview system for students will be introduced this summer and will concentrate on high-risk applicants.

If you are a student, you may be interviewed and asked a number of questions about your immigration and education history, study and post-study plans, and financial circumstances. We expect to interview up to 14,000 students in the next 12 months. We will refuse visas if we are not satisfied that you are a genuine student.

Immigration Minister Damian Green said:

‘With more interviews and greater powers to refuse bogus students we will weed out abuse and protect the UK from those looking to play the system.

‘Under the current system UK Border Agency officers are unable to refuse some applications even if they have serious concerns over the credibility of the student – we are toughening up the system to ensure genuine students benefit from our country’s excellent education sector.

‘Britain is open for business to the brightest and the best migrants but the message is clear – if you lie on your application form or try to hide your true motivation for coming to the UK then you will be found out and refused a visa.’

Today’s announcement follows an interviewing pilot carried out by the agency last year to tackle concerns about the legitimacy of some applicants. More than 2,300 student visa applicants were interviewed in 13 overseas posts with the aim of testing how effective face-to-face interviews would be – in addition to existing strict application processes that consider fraud and other factors.

Under the pilot, around a fifth of the applicants were refused entry to the UK based on their interview. One of the main issues was the inability of interviewees to display the required level of English. Some were unable to answer basic questions in English without the aid of an interpreter – despite stating on their application forms that they had the necessary language qualifications to study at higher and further education standards in the UK.

Changes to the family migration Immigration Rules come into effect on 9 July 2012

Tuesday, July 10th, 2012

09 July 2012

A number of changes to the Immigration Rules come into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.

These changes will define the basis on which a person can enter or remain in the UK on the basis of their family or private life, unifying consideration under the rules and Article 8 of the European Convention on Human Rights.

If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:

introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; and
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor.
The changes to the Immigration Rules were announced by the Government on 11 June 2012 and they form part of the Government’s programme of reform of the immigration routes. The changes are being introduced following wide consultation and expert advice from the Migration Advisory Committee.

Changes to applications from overstayers

Tuesday, July 3rd, 2012

Changes to applications from overstayers

29 June 2012

From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants applying for further leave under:

the points-based system;
all working and student routes;
visiting routes;
long residency routes;
discharged HM Forces; or
UK ancestry routes.
This change is in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.

Please monitor this website for further information about the changes.

Leave to remain is permission to stay in the UK, either temporarily (‘limited leave to remain’) or permanently (‘indefinite leave to remain’).

New screening to tackle tuberculosis in the UK

Tuesday, May 22nd, 2012

New screening to tackle tuberculosis in the UK

21 May 2012

A pre-entry tuberculosis (TB) screening programme will help save lives and save taxpayers more than £40 million over 10 years and, announced Immigration Minister Damian Green today.

The new measures mean migrants wanting to enter the UK for more than 6 months, from 67 countries with a high incidence of TB, will need to be screened before they are granted a visa for the UK.

Immigration Minister Damian Green said:

‘A third of the world’s population is carrying tuberculosis and it is currently at its highest level in the UK for 30 years. It’s essential that we take action to tackle its continued rise. Pre-entry screening, followed by treatment where necessary, will help to prevent the risk of TB in the UK and will also save lives.

‘Removing screening facilities at airports will save the taxpayer £25 million over ten years and further NHS savings will be made by preventing the importation and spread of TB in the UK.’

The introduction of pre-screening comes as recent figures showed that there were over 9,000 new cases of TB in the UK in 2011, a 5 per cent increase on 2010. The programme is targeted at migrants after research showed non-UK born people accounted for three quarters of all new TB cases diagnosed – 20 times higher than in the UK born population.

The UK Border Agency will build on existing pre-screening undertaken by international partners including the USA, Canada and Australia. The costs of screening and subsequent treatment will be met by those people applying to come into the UK.

Removing full right of appeal for family visitors

Wednesday, May 16th, 2012

A clause in the Crime and Courts Bill, published on 10 May will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval and Royal Assent, this change is expected to come into force by 2014. Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination.
In June 2012 the government will also introduce secondary legislation which will tighten the family and sponsor definitions in family visit visa appeals. Subject to Parliamentary approval, these changes are expected to come into force in July 2012. Those applying to visit a cousin, uncle, aunt, niece or nephew will no longer have access to a full right of appeal, and to use that appeal right, the family member being visited in the UK must have settled, refugee or humanitarian protection status.

These changes will only affect applicants who have been refused a visa to visit family members. No changes are being made to the rules governing who can qualify for entry to the UK as a visitor and genuine visitors are welcome.

Failing to plan

Wednesday, May 16th, 2012

WILLS

Failing to plan
Research by Macmillan Cancer Support has found that more than half of baby-boomers have not yet written a will. Liliana Mahon, of Access Legal from Shoosmiths, comments: “If you die without making a will or without a valid will, you are said to die intestate. This means your money and property will be distributed according to strict intestacy rules, not necessarily how you would wish”.

Changes to UK transit requirements for Libyan, Egyptian and Syrian nationals

Monday, April 23rd, 2012

From 3 April, Libyan, Egyptian and Syrian nationals who wish to transit at a UK airport will have to apply for a Direct Airside Transit Visa (DATV).

This is an additional visa requirement which permits certain nationals to travel via the UK on their way to another country. Those travelling to the UK on a DATV are not able to pass through UK Immigration Control or collect any luggage on a journey through the UK.

You can find more information on the DATV on the UKBA website.