The Judicial Factor is a Court Officer who is appointed by the Court of Session to a firm of solicitors. She is a Controller under Data Protection law.
- Collects data,
- Uses data,
- Protects data and
- For how long she retains personal data.
How does she collect Personal Data?
The Judicial Factor takes control of files, deeds and papers held by the firm of solicitors over which she has been appointed. In most cases, the personal data will not have been obtained by the Judicial Factor directly from you. The former firm will have gathered it. However, the Judicial Factor will only process Personal Data if she has a lawful basis to do so.
How does she use Personal Data?
The Judicial Factor may need to process Personal Data for the following purposes:
- If the firm is still trading, to continue the legal work which you have instructed the firm to carry out on your behalf
- To create an inventory of the files, deeds & Wills held by the firm
- To establish if money held by the firm is due to you and, thereafter to pay that money to you or facilitate any payment by the Client Protection Fund or any third party, to you
- To implement an instruction from you to transfer your files, deeds and Will to you or another firm of solicitors
- To recover money due by you to the firm
- To enable the Judicial Factor to complete a report into the circumstances which gave rise to the appointment by the court.
- To enable the Judicial Factor to locate or realise assets of the firm
- To enable the Judicial Factor to pay employees of the firm or provide information to HMRC or other third parties in terms of a statutory obligation to do so.
How does she protect Personal Data?
The Judicial Factor uses a cloud based case management system which is available to her team only. She holds in a locked fireproof cabinet in her office Wills previously held by firms of solicitors over which a Judicial Factor has been appointed.
In addition, the Judicial Factor uses secure off-site storage to store title deeds, papers and files the vast majority of which have been recovered from solicitor firms over which she was appointed.
For how long does she retain Personal Data?
Personal data will not be kept longer than is necessary. The Judicial Factor has a duty to retain information, including personal data, mainly for statutory or legal reasons but also for other purposes such as in relation to pensions or taxation.
Different categories of Personal Data will be retained for different periods of time as detailed in the Data Retention schedule attached.
Who do we share your Personal Data with?
While the majority of personal data held by the Judicial Factor is processed by data users for internal administrative purposes and is not disclosed externally, some categories of personal data are released to third parties:
- to the Client Protection Fund operated by the Law Society of Scotland in relation to a claim made by you to the Client Protection Fund;
- to solicitors instructed by you;
- to the Accountant of Court in terms of the Accountant’s duty to supervise the actions of the Judicial Factor
- to the Scottish Legal Complaints’ Commission, Law Society of Scotland or Scottish Solicitors’ Discipline Tribunal in relation to a complaint made by you;
- to Registers of Scotland in connection with the completion of a transaction involving you and any other relevant authority or agency
- to the Crown, Police, HMRC or other bodies in terms of a legal or statutory obligation
Access to your information and correction
You have the right to request a copy of the information the Judicial factor holds about you and ask the Judicial Factor to correct or remove information you think is inaccurate. If you would like a copy of some or all of your personal information which she holds, please email firstname.lastname@example.org or write to The Judicial Factor, Atria One, 144 Morrison Street, Edinburgh, EH3 8EX.