Privacy Notice for Clients

This privacy notice tells you what information we will collect about you, and how and why we will collect, store, share and use it. It also tells you what rights you have in relation to that information and how you can make a complaint.

Please read this notice carefully as the information it contains is important. It explains how we will fulfil our obligations under the General Data Protection Regulation (GDPR). You can also find a copy of this notice on our website at www.asirt.org.uk. 

Introduction

ASIRTis a registered charity and is also registered with the OISC to give immigration advice and representation. To assist you with your immigration application or related work, to offer appropriate representation, or to provide any of our services, we collect personal information about you. This information helps us to progress your case, to provide services, and to keep in touch with you.

Personal information is any information about you from which you could be identified. This does not include anonymous information (meaning information from which your identity has been removed).

Our promise to you

ASIRT will ensure that the personal information we hold about you is: 

• used lawfully, fairly and in a transparent way (we will be open and honest with you about what we hold and how we use it);
• collected only for valid purposes that we have explained to you;
• not used for any unnecessary purpose, for a purpose that is incompatible with the ones we have explained to you, or for a purpose we have not told you about;
• adequate, relevant, and limited to what is necessary for the agreed purpose;
• accurate, and kept up to date where necessary;
• kept for only as long as is necessary, or where we are required by law to do so;
• kept (and/or shared) securely.

Information we collect from you

When you ask us for any of our services, and during the course of providing those services to you, we will ask you for personal information. This may include: 

Your name, contact details (address, telephone number(s), email address), date of birth, country of origin, gender, nationality, family details, medical or health conditions, any disabilities, ethnic origin, information about your personal life and history, financial information, immigration status, sensitive information (such as religious or similar beliefs, political views and sexual orientation, where these relate to your legal case or are necessary to provide you with an appropriate service). We may also collect information relating to your family and children. We may also collect, with your consent, photographs of injuries or other evidence of a personal nature that supports your application. If your child is involved in the children’s project we may take, with your and their consent, photographs to share with funders or use on our website.

Information we collect from others

In the process of providing you with a service, we may collect information from other agencies, professionals, or individuals. We will inform you if we plan to contact agencies to obtain information about you. This may include:

Personal information as set out above. We may also be provided with information in relation to your accommodation or home address, other services you are receiving, information about your care and support needs, information about your medical needs, information about children’s schooling, information about social care provision, financial information, information about previous applications, and your immigration status.

How we use your personal information

We use the personal information that you and others provide to:

• prepare and progress your immigration or asylum case, if applicable;
• make representations on your behalf to other agencies, local authorities, and UKVI (we will inform you if we do this);
• communicate with you;
• communicate with other professionals on your behalf, about your individual needs or in order to make appropriate referrals for other services (we will inform you if we need to do this);
• tailor our service where we can to meet your individual needs;
• review and improve our services;
• ensure that children and vulnerable adults are appropriately safeguarded.

Who we will share your personal information with

We share your personal information with other agencies and professionals where it is necessary to make appropriate referrals (eg for housing or local authority support), as discussed with you.

We share some personal information with UKVI where it is necessary to make or progress your application. This is information that you have provided to us for this purpose.We will never share information about your immigration status with the Home Office or any other agency without your consent.

We will share personal information with regulatory bodies or law enforcement agencies where required to do so by law, or public regulation, or for regulatory purposes. For example, OISC occasionally carry out file audits to check that we are compliant with regulation and are offering a good service. 

We will provide your file on request to another legal representative if you decide to move your case, and if they provide us with a signed letter of authority from you.

We may provide personal information where it is necessary and required by law to safeguard children or vulnerable adults.

How long will we keep the information for?

We will keep all case records (files) for six years after your case with us is closed. This is required by the OISC (our regulatory body).

We will keep all records of telephone enquiries/referrals not accepted for 12 months.

Lawful basis (why we are allowed to collect and store personal information)

We rely on the following grounds within the GDPR (this is the legal basis for us collecting, storing and using personal information and we are required by law to tell you about it):

• Article 6(1)(b) – by asking us to represent you or provide you with a service, you are making a contract with us. We need to collect, store and use your data in order to fulfil that contract with you.
• Article 6(1)(c) – we have a legal obligationto collect and keep some information under the OISC’s regulatory framework.
• Article 9(2)(f) – we use some information to establish yourlegal claim.

How we keep your personal information secure

We keep your personal information secure by using physical and electronic security measures. The only people within ASIRT who are able to access your personal information are those with a genuine need to access it (e.g. caseworkers, case supervisors, data managers, etc.) All of our staff are bound by confidentiality and sign up to ASIRT’s Code of Practice.

As required by law, we have appropriate procedures in place to deal with a suspected data breach. We would act where required by the law to notify both you and the regulator in the case of a data breach.

Your rights

You have the following rights under the GDPR:

• The right to be informed about how we collect and use your personal information (this leaflet gives you that information).
• The right to access your personal information (you can ask for this verbally or in writing and we must respond within one month).
• The right to ask us to correct or complete inaccurate or incomplete information that we hold about you (you can ask for this verbally or in writing and we must respond within one calendar month).
• The right to ask for personal information to be erased (we may not be able to do this, but we must respond to you within one month).
• The right to ask us to restrict how we use some of your personal information (we may not be able to do this, but we must respond to you within one month).
• The right to data portability (to ask us to provide you with copies of your personal information electronically when we store it electronically – this does not mean that you will be given a copy of your file or case record electronically).
• The right to object to us using your data (you can make an objection verbally or in writing and we must respond within one month).
• Rights in relation to automated decision making and profiling (we do not use either of these methods).
• The right to complain if you are not happy with the way in which we have processed, stored or shared your personal information.

If you want to pursue any of the rights, please contact us at the address or telephone number at the top of this notice. You should address your query to Lynn Evans, Manager. You will need to give us:

• Enough information to identify and contact you
• Proof of your identity

Contacting the Information Commissioner or making a complaint

If you we are not able to satisfy your request and you wish to complain, or you want to complain about a data breach, please contact the Information Commissioner’s Office (ICO).

You can make a complaintto the Information Commissioner at: https://ico.org.uk/make-a-complaint/

or you can contact the ICO helpline on 0303 123 1113. 

If you want further informationabout your rights or about the GDPR, please visit the ICO website at https://ico.org.uk/