Data Protection
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"They are really useful, helpful and responsive. They always understand our position in order to give advice to our organisation. I'm delighted with them." (Chambers UK)
The handling of personal information in accordance with data protection legislation is a minefield. Any individual or organisation which processes personal data must comply with the Data Protection Act 2018, the UK GDPR and, in some cases, also the EU GDPR.
BTO’s data protection experts can help your organisation comply with data protection legislation, ensuring that your clients, customers and employees trust your organisation with their personal data.
BTO’s Data Protection Team is the only team of lawyers in the UK who have experience of successfully challenging a fine imposed by the ICO for a breach of the DPA. Therefore, its lawyers speak with authority on how best to handle a data breach, how best to handle the ICO and how best to handle all forms of personal data.
Our team can assist you in drafting, reviewing and updating privacy notices and policies across all aspects of data protection. We advise on the sharing and transfer of personal data and can assist in ensuring that you have the appropriate mechanisms in place for the sharing of data both within and outwith the UK. We can also advise you on how to collect and use data for marketing while complying with the relevant legal requirements.
Our team regularly appears in the Scottish courts and at the First Tier Tribunal in connection with data protection matters and can pursue or defend your rights in respect of any relevant claim for both data security breaches and breach of data protection legislation.
The team also provides compliance advice and training in relation to the DPA; the data protection principles and how to avoid coming into contact with the ICO. In Scotland, BTO’s team is unique and at the forefront of providing DPA advice.
The team provides strategic advice in relation to requests from data subjects, the police and other regulators and under freedom of information legislation; in particular, handling the tricky situations where this legislation overlaps.
What we do:
- Strategic advice and options to management when a potential data protection issue emerges
- Drafting and redrafting of DP policies and procedures
- DPA Compliance Training
- Advice on data sharing, data retention and subject access requests
- Keeping your marketing within the law
- CCTV and surveillance compliance
- How to handle ICO investigations and appeals to the Information Tribunal
- How to handle information requests
- Making Subject Access Requests (Individuals)
- Managing Subject Access Requests (Organisations)
- Making Freedom of Information Requests (Individuals)
- Managing Freedom of Information Requests (Organisations)
Team
Paul Motion, Partner and Solicitor Advocate is an accredited specialist in freedom of information and data protection law. He was already specialising in technology law several years before the Data Protection Act 1998 or Freedom of Information Acts came into force. He chaired the Law Society of Scotland’s Technology Committee for sixteen years from May 2000, pre-dating (and observing and commenting upon) the introduction of virtually all modern E-commerce and privacy related legislation such as the DPA and FOI. Paul is also “on his feet” in court regularly since he is a highly experienced civil Solicitor Advocate.
A recognised expert in Data Protection and contentious IT/IP law, Paul has run many ground breaking cases, notably the only successful appeal to date anywhere in the UK against a DPA penalty imposed following a DPA breach. Paul and team were acting on behalf of Scottish Borders Council, against a £250,000 Data Protection Monetary Penalty. Paul also drafts and advises on the content of data protection and privacy policies
Lynn Richmond is a Partner in BTO's Data Protection and advises on data protection compliance, data breaches, claims and subject rights and advises on freedom of information matters for a variety of businesses and organisations in many sectors.
Lauren McFarlane is a Senior Solicitor within BTO’s commercial dispute resolution, intellectual property and data protection teams. Lauren is qualified to practice in Scotland, England and Wales and has experience of litigating in Scotland and England.
Lily Morrison is a solicitor in our commercial dispute resolution team and works in our Glasgow and Edinburgh offices. Lily has a particular interest in artificial intelligence and its interaction with the law and is published in the Legal TechBook on this subject.
To discuss your data control/protection issues, please contact Paul Motion, Lynn Richmond or Lauren McFarlane on T: 0131 222 2939
Team
Testimonials
Do you need a Data Protection Officer (DPO)?
If so, Really Good Data Protection (RGDP LLP) provides DPO services to businesses and organisations that choose to outsource all or some of their data protection requirements. Working in close association with our data protection team in BTO Solicitors, RGDP provides a high quality and cost effective DPO solution to the demands of DPA 2018 and GDPR. If you need a DPO, we would urge you to consider outsourcing and strongly recommend that you contact Claire Beckley of RGDP for more information:
Claire Beckley
Data Protection Officer
RGDP LLP
T: 0131 222 3239
M: 07935 008316
W: www.rgdp.co.uk
Training
The Data Protection Team regularly provides training in relation to data protection and information law. This is always tailored to the audience we are talking to and to the sector that our audience comes from. Training is fundamental to compliance with the Data Protection Act 2018. See our Compliance Training page for further info or speak to a member of the team on about how we can assist you to comply.
Recent feedback:
A number of the delegates who have attended BTO’s courses have commented specifically on the team's knowledge of DP, the manner in which they put it across (in a non-lawyer fashion) and their friendly and outgoing personality. What became apparent following the courses was that delegates were reciting examples BTO had delivered at the training, giving us confirmation that they not only understood the training, but were able to remember and demonstrate what they had learned.
Contact: T: 0131 222 2939 E: datadefence@bto.co.uk