GDPR Policy – Family Mediation Centre Staffordshire
PURPOSE
This GDPR policy sets out the standards that you can expect from Family Mediation Centre Staffordshire (FMCStaffs) when we request or hold personal information (“personal data”) about you; how you can get access to copy of your personal data; and what you can do if you think the standards are not being met.
FMCStaffs’ practices are governed by the Family Mediators Association and the Family Mediation Council and by the Legal Aid Agency, which forms part of the Ministry of Justice. FMCStaffs collects and processes personal data for the exercise of its own and associated public functions. Our public function is to provide family mediation both privately and under legal aid to clients across the Midlands and UK.
About personal Information
Personal data is information about you as an individual. It can be your name, address or telephone number. It can also include the information that you have provided to FMCStaffs such as your financial circumstances and information relating to any current or previous legal proceedings concerning you.
We know how important it is to protect client’s privacy and to comply with data protection laws. We will safeguard your personal data and will only disclose it where it is lawful to do so.
Types of Personal data we process
We only process personal data that is relevant for the services we are providing to you. The personal data which you have provided to us will be used for the purposes set out below.
Purpose of Processing and the lawful basis for the process
The purpose of FMCStaffs collecting and processing the personal data, which you have provided, is for the purposes of providing a mediation service both privately and in some cases through legal aid. Specifically, we will use this personal data in the following ways:
- In processing your application for legal aid if applicable, deciding whether you are eligible for legal aid, or whether you are required to pay privately.
- In assessing whether mediation is suitable and appropriate to your case
- In reviewing your file on a regular basis and keeping you updated on where matters have progressed
- Booking mediation assessment meetings and mediation sessions by entering your information on our electronic diaries
- Completing information sheets saved and stored
Were FMCStaffs unable to collect this personal information, we would not be able to conduct the activities above, which would prevent us from providing mediation services.
We also collect “special categories of personal data” for the purposes of monitoring equality, this is a legal requirement for the public authorities under the Equality Act 2010. Special categories of personal data obtained for equality monitoring will be treated with the strictest confidence.
Who the Information may be shared with
We sometimes need to share the personal information we process with other people and organisations. When this is necessary, we will comply with all aspects of the relevant data protection laws. The people we may share your personal information include:
- External Sessional Mediators undertaking your assessment meeting or mediation sessions either at our offices or remotely through WhatsApp, Zoom or Facetime
- Administration staff who work for FMCStaffs in order for them to process and progress your file in a timely fashion
- The Legal Aid Agency if you qualify for legal aid, this is a legal requirement as the government pays FMCStaffs for all work undertaken under legal aid
- To the Local Authority if the mediator believes there is a risk to a child or children disclosed during the assessment meeting or mediation session, without your prior consent
Retention Period for information collect
Your personal information will not be retained for any longer than necessary for the lawful purposes for which it has been collected and processed. This is to ensure that your personal information does not become inaccurate, out of date or irrelevant. FMCStaffs has set out retention periods below.
- Private paper? files will be kept for a period of three years
- Legal aid paper? files will be kept for as long as the legal aid agency require them but no more than 10 years
- You digital file will be kept for a period of 10 years
While we retain your personal data, we will ensure that it is kept securely and protected from loss, misuse or unauthorised access and disclosure. Once the retention period has been reached, your personal data will be permanently destroyed or deleted.
If you require your personal data to be destroyed before the retention period please contact the office but we are unable to destroy legal aid files as we are governed under the legal aid agency.
When we ask for your personal data, we promise to inform you why we need your personal data and ask only for the personal data we need and not collect information that is irrelevant or excessive.
When we collect your personal data, we have responsibilities, and you have rights, these include:
- That you can withdraw consent at any time, where relevant
- That you can lodge a complaint with the supervisory authority
- That we will protect and ensure that no unauthorised person has access to your data
- That your personal data is shared with other organisations only for legitimate purposes
- That we don’t keep it longer than is necessary
- That we will not make your personal data available for commercial use
- That we will consider your request to correct, stop processing or erase your personal data
Complaints
When we ask you for information, we will comply with the law. If you consider that your information has been handled incorrectly, you can contact the Information Commissioner for independent advice about data protection. You can contact the Information Commissioner at:
Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF