FREQUENTLY ASKED QUESTIONS/What data can a lawyer collect from his clients?/

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What data can the lawyer collect as part of the management of his clients when he acts as a controller?

The law firm that uses the services of Alf in Saas software will also have the status of controller. In this respect, he will have to take care in particular to:

  • Keep a record of the processing activities insofar as it deals with non-occasional personal data and in particular sensitive data (ex: health data, data on racial origin, etc.) or data relating to convictions and criminal offenses.
  • For example, keep the data the time of the contractual relationship between the lawyer and his client. Beyond this, the data should be archived for the period in which the responsibility of the lawyer could be implicated before final deletion of the data
  • As for its communication of the information requested by the article 13 of the RGPD to any client at the prospect, the lawyer can introduce them for example: within the fee agreement, or by email or on the occasion of the transmission of a bill of fees, especially to regularize the situation with clients who have not been properly informed

Moreover, the data that is processed by the lawyer are the data necessary for the constitution of the file, which can be d a particular sensitivity and which therefore require specific guarantees

As a first step, according to the principle of minimization of article 5 of the RGPD, the lawyer must collect data only once Adequate, relevant and strictly necessary for the purpose of the treatment.

Also, Article 10 of the RGPD provides that the processing by the lawyer of data relating to criminal convictions and offenses are particular data that specific guarantees and specific safeguards are provided for by national law.

There is also a prohibition in principle in Article 9 of the GDPR dealing with some of these data, such as those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data, data concerning the health, sexual life or sexual orientation of a person Physical person. An arrangement is provided for the profession of lawyer concerning the latter if they are strictly necessary for the discovery, exercise or defense of the right of his client in court.