Data Protection Policy

At Earle & Wilson, Attorneys-at-Law, your data is well protected

1.0 Introduction

At Earle & Wilson, Attorneys-at-Law we gather and use certain information about individuals.


These can include prospective clients, clients, suppliers, business contacts, employees and other persons whom the firm has a relationship with or may need to contact.

This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards and to comply with the law.

1.0.1 Mission

To uphold the laws in relation to Data Protection and Privacy.

 

1.0.2 Privacy Vision

To increase the confidence of our data subjects that their data is protected in accordance with the law.

 

2.0 Why this Policy Exists

This Data Protection Policy ensures that Earle & Wilson, Attorneys-at-Law:

  • Complies with data protection law and any regulations

  • Follows good practice

  • Protects the rights of potential clients, clients, staff and business contacts

  • Is open about how it stores and processes data subjects’ data

  • Protects itself from the risk of a data breach

 

3.0 Data Protection Law

The Data Protection Act, 2020 describes how organizations – including Earle & Wilson, Attorneys-at-Law – must collect, handle and store personal information.

These rules apply regardless of whether data is stored electronically, on paper or on other materials.

To comply with the law, personal data must be collected and used fairly, stored safely and not disclosed unlawfully.

The Data Protection Act is underpinned by eight important principles. These say that personal data must:

1.   Be processed fairly and lawfully

2.   Be obtained only for specific, lawful purposes

3.   Be adequate, relevant and not excessive

4.   Be accurate and kept up to date

5.   Not be held for any longer than necessary

6.   Processed in accordance with the rights of data subjects

7.   Be protected in appropriate ways

8.   Not be transferred outside of Jamaica, unless that country or territory also ensures an adequate level of protection or appropriate safeguards are in place.

 

4.0 People, Risks and Responsibilities

 

4.0.1 Policy Scope

This policy applies to:

  • The office of Earle & Wilson, Attorneys & Law

  • All staff and trainees and volunteers of Earle & Wilson, Attorneys-at-Law

  • All contractors, suppliers and other people working on behalf of Earle & Wilson, Attorneys-at-Law

 

It applies to all data that the firm holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act, 2020. This can include but is not limited to:

  • Names of individuals

  • Postal addresses

  • Email Addresses

  • Telephone numbers

  • Next of kin

  • Identification Cards

  • Banking information

  • Employment contracts

  • Business contracts

  • Employment history

  • Education history

  • Plus any other information relating to individuals 

 

4.0.2 Data Protection Risks

This policy helps to protect Earle & Wilson, Attorneys-at-Law from some very real data security risks, including:

  • Breaches of confidentiality. For instance information being given out inappropriately or left in places accessible to visitors.

  • Failing to offer choice. For instance, all individuals should be free to choose how the firm uses data relating to them.

  • Reputational damage. For instance, the firm could suffer if hackers/ unauthorized persons successfully gained access to sensitive data.

4.0.3 Responsibilities

Everyone who works for or with Earle & Wilson, Attorneys-at-Law has some responsibility for ensuring data is collected, stored and handled appropriately.

Each department that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, these people have key areas of responsibility:

  • The Partners are ultimately responsible for ensuring that Earle & Wilson Attorneys-at-Law meets its legal obligations.

 

The Data Protection Officer is responsible for:

  • Keeping the Partners updated about data protection responsibilities, risks and issues.

  • Reviewing all data protection procedures and related policies, in line with an agreed schedule.

  • Arranging data protection training and advice for the people covered by this policy.

  • Handling data protection questions from staff and anyone else covered by this policy.

  • Dealing with requests from individuals to see the data Earle & Wilson Attorneys-at-Law holds about them (also called ‘Data Subject Access Requests’).

  • Checking and approving any contracts or agreements with third parties that may handle the firm’s sensitive data.

 

The IT Consultant who is contracted from time to time is responsible for:

 

  • Ensuring all systems, services and equipment used for storing data meet acceptable security standards.

  • Performing regular checks and scans to ensure security hardware and software is functioning property.

  • Evaluating any third-party services the firm is considering using to store or process data. For instance, cloud computing services.

 

The Office Manager is responsible for:

  • Ensuring the accurate filing of employee data/ service provider data

  • Ensuring safeguards put in place to protect data are followed

 

5.0 General Provisions

This policy shall be reviewed at least annually.

The firm shall register with the Office of the Information Commissioner as an organization that processes personal data (Data Controller).

 

6.0 General Staff Guidelines

  • The only people who should be able to access data covered by this policy should be those who need it for their work. 

  • Data should not be shared informally. When access to confidential information is required, employees can request it from their immediate supervisors. 

  • Earle & Wilson will provide training to all employees to help them understand their responsibilities when handling data. 

  • Employees should keep all data secure, by taking sensible precautions and following the guidelines below. 

  • In particular, strong passwords must be used and they should never be shared. 

  • Personal data should not be disclosed to unauthorized people, either within the company or externally. 

  • Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of. 

  • Employees should request help from the Partners or the Data Protection Officer if they are unsure about any aspect of data protection.

 

7.0 Lawful, Fair and Transparent Processing

  • To ensure its processing is lawful, fair and transparent, the firm shall maintain a Data Inventory. 

  • The Data Inventory shall be reviewed at least annually. 

  • Individuals have the right to access their personal data and any such requests made to the firm shall be dealt with in a timely manner. 

 

8.0 Lawful Purpose

  • All data processed by the firm must be done on one of the following bases: consent, contract, legal obligation, vital interests, public task or legitimate interests. 

  • The firm shall note the appropriate lawful basis in the Data Inventory. 

  • Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data. 

  • Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the firm’s systems.

 

9.0 Data Minimization

  • The firm shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

 

10.0 Accuracy

  • The firm shall take reasonable steps to ensure personal data is accurate. 

  • Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

 

11.0 Archiving/Removal

  • To ensure that personal data is kept for no longer than necessary, the firm shall put in place a data retention & disposal policy for each area in which personal data is processed and review this process annually. 

  • The data retention & disposal policy shall consider what data should/must be retained, for how long, and why. 

 

12.0 Security

  • The firm shall ensure that personal data is stored securely using modern software that is kept-up-to-date. 

  • Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information. 

  • When personal data is deleted this should be done safely such that the data is irrecoverable. 

  • Appropriate back-up and disaster recovery solutions shall be in place.

 

13.0 Data Storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the Data Controller.

When data is stored on paper, it should be kept in a secure place where unauthorized people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

  • When not required, the paper or files should be kept in a locked office, drawer or filing cabinet. 

  • Employees should make sure paper and printouts are not left where unauthorized people could see them, like a printer or in a printing area. 

  • Data printouts should be shredded and disposed of securely when no longer required. 

When data is stored electronically, it must be protected from unauthorized access, accidental deletion and malicious hacking attempts:

  • Data should be protected by strong passwords that are changed regularly and never shared between employees. 

  • If data is stored on removable media (like a CD, DVD or thumb drive), these should be kept locked away securely when not being used. 

  • Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services. 

  • Servers containing personal data should be sited in a secure location, away from general office space. 

  • Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures. 

  • All servers and computers containing data should be protected by approved security software and a firewall. 

 

14.0 Data Use

Personal data is of no value to Earle & Wilson, Attorneys-at-Law unless the firm can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:

  • When working with personal data, employees should ensure the screens of their computers are always locked when left unattended. 

  • Personal data should not be shared informally. In particular, it should never be sent by text message, as this form of communication is not secure. 

  • Data must be encrypted before being transferred electronically. The IT Consultant can explain how to send data to authorized external contacts. 

  • Personal data should never be transferred outside of Jamaica, unless the country or territory to which it is to be sent ensures an adequate level of protection or appropriate safeguards are in place. 

  • Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.

 

15.0 Data Accuracy

The law requires Earle & Wilson, Attorneys-at-Law to take reasonable steps to ensure data is kept accurate and up to date.

The more important it is that the personal data is accurate, the greater the effort Earle & Wilson, Attorneys-at-Law should put into ensuring its accuracy.

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

  • Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets. 

  • Staff should take every opportunity to ensure data is updated. For instance, confirming the customer’s details when they call. 

  • Earle & Wilson, Attorneys-at-Law will make it easy for data subjects to update the information Earle & Wilson, Attorneys-at-Law holds about them. For instance, via the company website. 

  • Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database/know your client form.

 

16.0 Data Subject Access Requests

All individuals who are the subject of personal data held by Earle & Wilson, Attorneys-at-Law are entitled to:

  • Ask what information the firm holds about them and why. 

  • Ask how to gain access to it. 

  • Be informed how to keep it up to date. 

  • Be informed how the firm is meeting its data protection obligations.

 

If an individual contacts the firm requesting this information, this is called a Data Subject Access Request.

Data Subject Access Requests should be made by email, addressed to the Data Controller at law@earlewilson.com. The Data Controller can supply a standard request form, although individuals do not have to use this.

Individuals will be charged $20.00 JMD per page where a hard copy is requested and … per subject access request. The Data Controller will aim to provide the relevant data within 14-days after receipt of payment.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

 

17.0 Disclosing Data for Other Reasons

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, Earle & Wilson, Attorneys-at-Law will disclose requested data. However, the Data Controller will ensure the request is legitimate.

 

18.0 Reporting Incidents

  • Employees should report all incidents that involve the suspected or actual loss, theft, unauthorized disclosure or inappropriate use of personal data immediately to the Data Protection Officer. 

  • Where it is communicated to an employee by a third-party service provider who has access to company-related personal data of such an incident, the employee should immediately inform the Data Protection Officer. 

  • Where there has been a data breach, the breach should be reported to the Office of the Information Commissioner within 72 hours. 

  • Incidents should be investigated by the Incident Response Team comprising of the Partners and the Office Manager.

 

19.0 Policy Compliance

  • Non-Compliance and/or the failure to comply with applicable data protection laws may result in an employee being subject to civil and criminal penalties. 

  • An employee may also face disciplinary action arising from failure to comply. This may result in termination of employment.

 

20.0 Providing Information

Earle & Wilson, Attorneys-at-Law aims to ensure that individuals are aware that their data is being processed, and that they understand:

  • How the data is being used

  • How to exercise their rights

 

To these ends, the firm has a privacy policy, setting out how data relating to individuals is used by the firm.