This policy tells you what to expect when we collect your personal information. Please read the following carefully to understand how we collect and handle your personal data and for what purposes.
The Council for Licensed Conveyancers (CLC) complies with the General Data Protection Regulations (GDPR). For the purposes of GDPR, if you provide any personal information to us, we will be the data controller.
Who are we?
The CLC was established by the Administration of Justice Act 1985 and is an Approved Regulator under the Legal Services Act 2007, subject to the oversight regulation of the Legal Services Board. It licenses and regulates licensed conveyancers and Practices in the provision of reserved legal activities, currently conveyancing and probate services, and other non-reserved legal activities (including will writing). It is also a Licensing Authority authorised to license and regulate Alternative Business Structures (ABS). It has no representative function having always been an independent regulator.
The CLC’s role is to safeguard the public interest and consumers by regulating providers to deliver high quality and accessible legal services.
What information do we collect about you?
We will not collect or use personal data unless it is lawful for us to do so. The basic personal information which we may collect and process is:
- your name
- your user type (eg CLC regulated person, CLC technician, student, member of the public)
- your e-mail address
- your telephone number
Due to the nature of our regulatory work, we may collect other information and data about you and your business, such as your address or date of birth.
How will we use information about you?
The CLC does not sell, share or transfer personal information except as set out in this Privacy policy. We do not use your data for marketing purposes.
We use data processors who are third parties who provide elements of services for us. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
In certain circumstances, personal information may be disclosed to other regulators, the Legal Ombudsman, enforcement or government agencies or others with a legitimate interest who may keep a record of that information. We only share information where it is lawful for us to do so or because the law permits or requires us to. In most cases, we will tell you that we are sending your information somewhere else.
There are some cases where we are not permitted by law to telling you that we are sending your information somewhere else (eg where we make a Suspicious Activity Report to the National Crime Agency, and to do so may amount to ‘tipping off’).
We are required by statute[1] to keep a register of individual Licensed Conveyancers and Licenced Probate Practitioners in England and Wales which is open for public viewing and free of charge.
The CLC-regulated individual’s name, practice address, practice telephone number, and where appropriate, practice fax number, practice email address and practice web site address appear on the Find a CLC Lawyer and CLC Alternative Business Structure (ABS) register webpages.
The legal basis we rely on to process your personal data is article 6(1)(c) of the GDPR, which allows us to process personal data when this is necessary to comply with a legal obligation to which we are subject.
When we receive information containing personal information we create a new entry or update the information we hold about that person on our electronic database.
The CLC also maintains a register of all CLC Practices. Each practice’s name, trading name(s), address, licence number, practice telephone number and where appropriate fax number, practice email address and practice website address together with the names of the managers of the practice appear on the Find a CLC Lawyer webpages.
We also make available a copy of the register of CLC Practices for lending institutions and panel managers. We also make a copy of the register available to professional indemnity insurers who have signed the CLC’s Participating Insurers Agreement, as well as their brokers.
We are also required by the Legal Services Act 2007 to keep an ABS Register. Rules made by the LSB set out the information about ABS to be contained in that register, and include the name of the Head of Legal Practice (HOLP) and the Head of Finance and Administration (HOFA).
- Making complaints about CLC regulated persons
When we receive complaints about those we regulate, we collect the identity of the complainant and other people involved in the complaint.
The legal basis we rely on to process your personal data is article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a regulator.
We usually have to disclose a complainant’s identity to the person complained about or to the firm in which that person is employed. If a person making a complaint does not want to be identified we will try to respect that. However, we may decide to progress a complaint where we think there is an overriding need to protect the public, even if there is a risk that in doing so a person’s identity may be disclosed.
Information may be used to inform our regulatory work which may include using information in investigations, enforcement and applications made to us. Where we take action as a result of a complaint, where possible, we try to keep those making the complaint informed of progress.
When we take enforcement action we may publish our decision on our Adjudication Panel webpage.
We may also publish or share statistics obtained from data we collect such as the number and types of complaints we receive, but not in a form that identifies anyone.
When we receive complaints about the CLC, we collect the identity of the complainant.
The legal basis we rely on to process your personal data is article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a regulator.
Where we take action as a result of a complaint, where possible, we try to keep those making the complaint informed of progress.
We may publish or share statistics obtained from data we collect such as the number and types of complaints we receive but not in a form that identifies anyone.
- Applications to become technicians, Licensed Conveyancers or probate practitioners
When we receive applications containing personal information we create or update the information we hold about that person on our electronic database. We use the personal information to process the application and make a final decision.
The legal basis we rely on to process your personal data is article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a regulator.
Information may be used to inform our regulatory work which may include using information in investigations, enforcement and applications made to us. It may also be used to check our level of service.
We may also publish or share statistics obtained from data we collect such as the number and types of applications we receive but not in a form that identifies anyone.
- People who make enquiries, including file requests
When we receive enquiries via telephone, email or letter, we only use the information to handle the request or to deal with any later issues.
The legal basis we rely on to process your personal data is article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a regulator.
In circumstances where we have intervened in a practice, we will take control of the practice’s closed transaction files or appoint an agent to do so. The client, or their legal representative, may request their transaction file from us. We will request identification documents to verify the identity of the person making the request which will be deleted within a month of the file being returned to the client or their legal representative.
- Others connected to our work
We use personal data when people sign up to our newsletters, respond to our consultations or register with us for events or webinars.
The legal basis we rely on to process your personal data is article 6(1)(a) of the GDPR, which allows us to process personal data when you have given us consent to do so.
This information is collected to help us deliver and improve the services we offer.
Those that sign up for these services are entitled to unsubscribe at any time and can do so via the ‘unsubscribe’ button on the email or by emailing privacy@clc-org.uk.
Those responding to our consultations can choose to have their data kept confidential. The legal basis we rely on to process your personal data when submitting a consultation response is article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a regulator.
When people apply to work at the CLC, we use their information to process applications and to monitor our recruitment. To ensure we are an equal opportunities employer we collect information about age, disability, ethnicity, sex, sexual orientation and religion or belief. This information does not form part of the job application and is used to monitor our recruitment with strict confidence.
How long will we keep the information?
We keep personal information for as long as necessary to meet our legal and operational requirements and to ensure we can fulfil our regulatory role in the public interest.
How do we keep your information secure?
Under GDPR, we have a duty to keep personal data and information confidential. We take all reasonable steps to keep it secure, use it fairly and ensure that data protection safeguards are in place.
If you have any queries or concerns, you can contact us at privacy@clc-uk.org.
Access to your information and correction
GDPR gives you a right of access to the personal data we hold about you. These are called ‘subject access requests’ (SARs). In instances where we are not required to provide you with information we hold about you, we will let you know.
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
Your right to complain
We work to high standards when it comes to processing your personal information. If you have any queries or concerns, you can contact us at privacy@clc-uk.org.
If you remain dissatisfied, you can make a complaint about the way we process your personal information to the Information Commissioner’s Office.
Cookies
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can see what cookies we place here.
You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However in a few cases some of our website features may not function as a result.
Changes to our privacy policy
We keep our privacy policy under regular review. This privacy policy was last updated in July 2018.
How to contact us
If you have any questions about our privacy policy or the information we hold about you, you can contact our Data Protection Officer via email at privacy@clc-uk.org or in writing to:
Council for Licensed Conveyancers
We Work
120 Moorgate
London
EC2M 6UR
[1] Administration of Justice Act 1985
