Privacy Policy

Browns Family Law is a law firm specialising in matrimonial matters in Guernsey.

This Privacy Notice sets out how Browns Family Law processes personal data, whether on individuals as our clients, intermediaries or other third parties that we interact with, any individual who is connected to those parties, or otherwise.

Browns Family Law acknowledges its obligations as per the Data Protection (Bailiwick of Guernsey) Law, 2017, which provides a number of requirements in terms of processing activities involving personal data. We further acknowledge the general principles of processing as well as the rights of a data subject and more information in relation to these provisions are provided within this Privacy Notice.

Any questions in relation to this Privacy Notice or requests and/or questions in respect of our processing of personal data should be directed to adrian.brown@brownsfamilylaw.gg in the first instance.

Principles of Processing

a) Lawfulness, fairness and transparency

Personal data must be processed lawfully, fairly and in a transparent manner.

Browns Family Law will only collect personal data that is necessary and proportionate to provide legal services.  The type of personal data that we collect and hold includes:

• Contact details (including names, telephone numbers, and postal and email addresses);
• Information required for Browns Family Law to meet legal and regulatory requirements, in particular in respect of anti-money laundering legislation, including information on source of funds and source of wealth;
• Information provided in the course of the provision of legal services (for example, information on professional relationships and background, financial wealth and assets held, transactions entered into, tax status, disputes and court proceedings engaged in);
• Special category data, which may include information relating to health.
• Financial information, such as payment related information;
• Meetings attended and visits to our offices;
• Any other information you may provide to us.

b) Purpose limitation

Personal data must not be collected except for a specific, explicit and legitimate purpose and, once collected, must not be further processed in a manner incompatible with the purpose for which it was collected.

Browns Family Law acknowledges its responsibility with regards to this data protection principle and maintains that we will not further process personal data in a way which is incompatible to its original purpose for processing unless we are required to do so by law or have acquired the required consent.

c) Minimisation

Personal data processed must be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed.

Browns Family Law maintain that we will only process the personal data which is detailed within this Privacy Notice and will not process any further personal data that is not necessary, unless required to do so by law.

d) Accuracy

Personal data processed must be accurate, kept up to date (where applicable) and reasonable steps must be taken to ensure that personal data that is inaccurate is erased or corrected without delay.

Browns Family Law will ensure that all personal data that is held is accurate and kept up-to-date, and any personal data that is inaccurate will be erased or corrected without undue delay.

e) Storage limitation

Personal data must not be kept in a form that permits identification of a data subject for any longer than is necessary for the purpose for which it is processed.

Personal data and special category personal data will be retained in accordance with our record retention policy

f) Integrity and confidentiality

Personal data must be processed in a manner that ensures its appropriate security, including protecting it against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Access to electronic or paper records is tightly controlled.  Employees only have access to areas and documents as required to undertake their role.  Access is monitored and effectively managed.

g) Accountability

The controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

The controller and Data Protection Officer of Browns Family Law is:

Advocate Adrian Brown

Tel: 01481 256164

Email: adrian.brown@brownsfamilylaw.gg

Purposes of Processing

Browns Family Law processes personal data for the following purposes:

(The below table also confirms the lawful basis upon which we are relying in each case):

Sources and Recipients of Data

The sources of data may include clients, intermediaries, data subjects directly, third parties connected to the data subject (for example, their employer or another service provider who provides services to the data subject) or open-source material.

The following is a list of potential recipients of data (in each case including respective employees, directors and officers):

• Other providers of services (legal or otherwise, including any bank or financial institution providing services in relation to any matter on which Browns Family Law is instructed) where disclosure to that provider of services is considered necessary to fulfil the purposes set out above;
• Any sub-contractors, agents or service providers of Browns Family Law;
• Courts or tribunals;
• Third parties with whom Browns Family Law engages for the hosting of events or other marketing initiatives;
• Law enforcement agencies where considered necessary for Browns Family Law to fulfil legal obligations applicable to it;
• Regulators or other governmental or supervisory bodies with a legal right to the material or a legitimate interest in any material;
• Any registrar of a public register where the data is to be included in a public registry.

Where Browns Family Law is entering into an engagement with a third party pursuant to which data may be processed by that third party, we will seek to enter into an agreement with that third party setting out the respective obligations of each party and will seek to be reasonably satisfied that the third party has measures in place to protect data against unauthorised or accidental use, access, disclosure, damage, loss or destruction.

Rights of Data Subjects

Browns Family Law will take all reasonable steps to allow you to exercise your rights under the Data Protection Law. However, in some circumstances, you may not be able to do so where the exercising of those rights may prejudice legal or regulatory purposes.

a) Right of access

You have the right to know whether we are processing personal data relating to you. If you make a subject access request, you may have one free copy of your personal data that we hold. We will respond to your request within one month, however, exceptionally an extension of two further months may be applied by us but in doing so we will, within the 30-day period, tell you how long we need and the reasons for the extension.

b) Right to data portability

Generally, you have the right to data portability; this means that you are able to arrange for the transfer of your personal data from one controller to another without hindrance from the first controller.  This right can only be used where the processing is based on consent or for the performance of a contract.

c) Exception to right of portability or access involving disclosure of another individual’s personal data

A controller of personal data is not required to comply with a request under the right of access or right to data portability where they cannot comply with the request without disclosing information in relation to another individual who is identified or identifiable from that information.

d) Right to object to processing

You have the right to object to a controller’s activities relating to the processing of personal data for direct marketing purposes, on grounds of public interest and for historical or scientific purposes.

e) Right to rectification

You have the right to require us to complete any incomplete personal data and to rectify or change any inaccurate personal data.

f) Right to erasure

You have the right to submit a written request to us regarding the erasure of your personal data in the following circumstances:

• The personal data is no longer needed for the reason it was collected or processed
• The lawfulness of processing is based on consent and you have withdrawn your consent
• You object to the processing and we are required to stop the processing activity
• The personal data has been unlawfully processed
• The personal data must be erased in order to comply with any duty imposed by law

g) Right to restriction of processing

You have the right to request, in writing, the restriction of processing activities which relate to your personal data.  This right can be exercised where:

• The accuracy or completeness of the personal data is disputed by you and you wish to obtain restriction of processing for a period in order for us to verify the accuracy or completeness;
• The processing is unlawful, but you wish to obtain restriction of processing as opposed to erasure;
• We no longer require the personal data; however, you require the personal data in connection with any legal proceedings.

h) Right to be notified of rectification, erasure and restrictions

Where any rectification, erasure or restriction of personal data has been carried out, you have a right to ensure that we notify any other person to which the personal data has been disclosed about the rectification, erasure or restriction of processing. We must also notify you of the identity and contact details of the other person if you request this information.

i) Right not to be subject to decisions based on automated processing

You have the right not to be subjected to automated decision making without human intervention.

If you wish to exercise your data subject rights please send your request to adrian.brown@brownsfamilylaw.gg.

In any case in which a data subject chooses not to provide any personal data or where any of the rights set out above are exercised to limit the processing of personal data, Browns Family Law may be unable to provide the required services, or there may be a restriction on the services which can be provided.

Right to make a Complaint

You may make a complaint in writing to the Supervisory Authority (the Data Protection Authority) if you consider we have breached, or are likely to breach, a relevant part of the Data Protection Law and the breach affects or is likely to affect any personal data relating to you or any of your rights (as listed above).

Additionally, if we are unable to address your questions or concerns to your satisfaction, you may make a complaint to the Data Protection Authority. Their contact details are as follows:

Retention

In accordance with our record retention policy, Browns Family Law only keeps data for as long as necessary to fulfil the purposes (as set out above) for which we collected it. The Browns Family Law policy is to retain data in relation to a client matter for 6 years from the conclusion of that matter. This is subject to certain exceptions where the personal data is relevant to a dispute after closure of the matter or where the data cannot be deleted for legal, regulatory or technical reasons.

Any requests for further information in relation to the continued processing of specific data, and requests for destruction of data, should be made to adrian.brown@brownsfamilylaw.gg.

Contact Details

Browns Family Law has a Data Protection Officer and all enquiries in respect of this Privacy Notice or any request to exercise any of the rights set out above should be directed to the Data Protection Officer via adrian.brown@brownsfamilylaw.gg or by post at:

Data Protection Officer, Browns Family Law, Haute Vue, Les Grands Moulins, Castel, Guernsey GY5 7JZ.

Changes to this Privacy Notice

We keep this Privacy Notice under review and any updates will appear on our website at www.brownsfamilylaw.gg.

We last updated this Privacy Notice on 22 August 2023.

How to contact us:

If you have any questions about this Privacy Notice or any data which we hold about you, please contact adrian.brown@brownsfamilylaw.gg.