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 Alf’s SaaS software services will also have the status of data controller. In this capacity it must in particular ensure that it :
- Keep a register of processing activities insofar as it processes personal data in a non-occasional manner and in particular sensitive data (e.g. health data, data on racial origin, etc.) or data relating to convictions and criminal offenses.
- For example, data should be kept for the duration of the contractual relationship between the lawyer and his client. Beyond that, the data should be archived for the period during which the lawyer’s responsibility could be called into question before the data is permanently deleted
- With regard to the communication of the information required by Article 13 of the RGPD to any client to the prospect, the lawyer can introduce them for example: within the fee agreement, or by email or at the time of the transmission of a fee note, in particular to regularize the situation with clients who have not been correctly informed
Moreover, the data processed by the lawyer are the data necessary for the constitution of the file, which may be of particular sensitivity and therefore require specific guarantees
Firstly, according to the minimisation principle of Article 5 of the RGPD, the lawyer must collect only data that is adequate, relevant and strictly necessary for the purpose of the processing.
Also, Article 10 of the RGPD provides that the processing by the lawyer of data relating to criminal convictions and offenses are special data which call for specific guarantees.
Article 9 of the GDPR also prohibits in principle the processing of certain data such as data 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, sex life or sexual orientation of a natural person. An arrangement is provided for the legal profession concerning the latter if they are strictly necessary for the establishment, exercise or defense of the client’s right in court.