Client Privacy Notice

Client – Privacy Notice 

Policy Statement 

Asylum Justice is committed to protecting your privacy and being transparent about how we use your data. We will only use the information that we collect about you lawfully, adhering to the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”), in addition to Article 8 of the Human Rights Act 1998 and the common law duty of confidentiality. 

This Privacy Notice explains how we use your personal data when you become a client of Asylum Justice: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data. 

Our General Privacy Notice explains in what other instances we may collect personal data from you when it is not directly related to providing you with legal services. 

1. Information About Us 

Asylum Justice. 

A registered charity: 1112026. 

A registered company in England and Wales: 5447875. 

Registered address: Portland House, 113-116  Bute Street, Cardiff, Wales, CF10 5EQ. 

Registered with OISC: N200800025.  

Data Protection Officer: Bernadette Rainey, Chair of Board of Trustees 

Email address: privacy@asylumjustice.org.uk  

Telephone number: 029 2049 9421 

We are regulated by the Office of Immigration Services Commissioner and the Charity Commission. 

2. What Is Personal Data? 

Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. 

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers. 

Special category personal data is any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data. 

The personal and special category personal data that we use is set out in Part 4, below. 
 

3. What Are My Rights? 

3.1 Under the Data Protection Legislation, you have the following rights, which we will always work to uphold: 

  1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
  2. The right to access the personal data we hold about you. Part 10 will tell you how to do this. 
  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 11 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to us using your personal data for a particular purpose or purposes.
  7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
  8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  9. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
  10. It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
  11. Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
  12. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 11.

4. When do we collect your personal data? 

  • When you request advice or assistance from us. 
  • When you are registered as an Asylum Justice client. 

Please see our General Privacy Policy for an overview of when we collect personal data. 

5. What information do we collect and how do we collect it? 

We may collect and hold some or all of the personal data set out in the sections below, using the methods identified. We do collect ‘special category’ or ‘sensitive’ personal data, personal data relating to children, and data relating to criminal convictions and/or offences. 

Data Collected How We Collect the Data 
We collect name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any other data that the user provides in regard to their case.  If a user uploads copies of their personal documents, such as correspondence from the Home Office, such as details of an asylum screening interview, which may include any type of special category personal data. Online secure forms on our website – submitted by you or a third party (who has your consent) *. We use Cognito Forms to securely collect, store and transfer your data. We have a Data Protection Agreement with Cognito Forms in line with UK data protection laws. To learn more about how Cognito Forms processes data, you can view Cognito Forms’ Privacy Policy. 
 Voicemails/phone calls from you or a third party (who has your consent)*. 
 On Microsoft Teams – from you or a third party (who has your consent)*. 
 Emails sent to us by you or a third party (who has your consent)*. 
 Information uploaded to a personal SharePoint file by you or a third party (who has your consent)*. 
 In hardcopy form – sent by post or delivered to our office by you or a third party (who has your consent)*. 

 *Third parties, such as third sector organisations, statutory bodies, or private individuals, might share information with us at your request. 

6. How do you use my personal data? 

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so: 

What We Do What Data We Use Our Lawful Basis 
Assess whether you are eligible to access our services and contact to inform you if we can assist you Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences.  Legitimate interests: The legitimate interest is for you to be able to access our service or be signposted to another organisation if we are unable to assist you.   
Provide you advice or representation Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences. Legitimate interests: The legitimate interest is to provide you advice and representation which you have requested. We can only do this with access to this data.  Legal claims/judicial acts: This information is necessary in order to act on your behalf in your legal case, when you instruct us to do so.    
Create anonymous statistics based on personal data for fundraising and advocacy purposes Special category data, such as racial and ethnic origin, self-identification as belonging to a gender, as non-binary, as having a disability, as belonging to one sexual orientation or another.  In addition to type of cases undertaken, topics of advice given, outcomes of cases, dates of submissions and outcomes, types of advice/assistance requested, and geographical location of clients. Legitimate interests:  Statistical data is essential for ensuring Asylum Justice can continue to offer its service for free to you. Donors request this information as part of their agreement to fund our organisation, so they can monitor our progress. 
Provide access to your files to auditors from the Office of the Immigration Services Commissioner. This is necessary for us to be able to offer you immigration advice and representation services. Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences. Legal obligation: the processing is necessary for us to provide you with legal advice services.  Legal claims/judicial acts: It is necessary to provide client files to auditors in order to meet our regulatory requirements. 
When you agree to share your story, we will use your data to draft and publish an anonymous case study. Nationality, immigration status, Special Category Personal data, that relates to your case and which you consent to share. Consent: You will have given us clear consent to process your personal data (including ‘special category personal data’) for a specific purpose. You will have signed a Closing Consent Form in which you agree to us using your data to create an anonymous case study and use it over a specified period of time in our communications on social media and in our reporting. 
The IT support provider may have access to your data in order to maintain or update our IT systems, but we will not otherwise share your data with third parties without your consent. Any data processed by our organisation Legitimate interests: the processing is necessary to manage our IT systems and provide support with IT problems. IT support providers will only operate with a non-disclosure agreement or contract in place.  
Contract the services of interpreters/translators in order to provide you with legal advice and representation. Varies greatly depending on the topic of discussion. Could include: Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences.    Legitimate interests: the use of interpreters is necessary to ensure that we can have clear communication with you in order to provide you with the service. All interpreters/translators used by Asylum Justice follow a code of conduct.  

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, or post with information, news, and offers on our services or those of partner organisations. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. 

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 11. 

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so. 

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights. 

7. How Long Will You Keep My Personal Data? 

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept): 

Type of Data How Long We Keep It 
Potential clients who are not eligible for support – Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences.   We usually retain your information for 12 months in case:  
– You contact us again 
– Wish to complain or appeal against our decision or to defend ourselves against a claim.   

If we consider it necessary to enable us to continue to deal with your enquiries in a proportionate manner, we will retain your details for up to 24 months.  
Clients who are registered and on our waiting list – Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences. We usually retain your information for 12 months in case: 
– You contact us again 
– We are available to assist you 
– You wish to complain or appeal against our decision or to defend ourselves against a claim.  

If we consider it necessary to enable us to continue to deal with your enquiries in a proportionate manner, we will retain your details for up to 24 months. 
Clients who receive advice and/or representation – Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences. We will usually retain your information for six years after we close your case.

8. How and Where Do You Store or Transfer My Personal Data? 

We will store some of your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation. 

We will store some of your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the EU GDPR and/or to equivalent standards by law. Transfers of personal data to the EEA from the UK are permitted without additional safeguards. 

We may store some of your personal data in countries outside of the UK. These are known as “third countries”. We will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows: 

We will use specific approved contracts which ensure the same levels of personal data protection that apply under the Data Protection Legislation. For further information, please refer to the Information Commissioner’s Office. 

Please contact us using the details below in Part 11 for further information about the particular data protection safeguards used by us when transferring your personal data to a third country. 

Type of Data Where do we store it? 
Potential clients: Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences. Website enquiries: We use Cognito Forms, an online, encrypted form builder. We have a data protection agreement in place with Cognito Forms, to ensure it is in line with UK data protection laws. To learn more about how Cognito Forms processes data, you can view Cognito Forms’ Privacy Policy.  

Phone enquiries: Records of phone calls are stored on Microsoft 365 (Privacy Policy).  

Email enquiries: Emails are archived to a SharePoint site (Privacy Policy) which can only be accessed by staff and volunteers who work with clients. 
Registered Clients : Name, date of birth, phone number, email address, home address, language needs, nationality, Home Office Reference Number, immigration status, and any type of personal data, including Special Category Personal data, that you provide in relation to your case when disclosing immigration history or personal experiences. All case files are securely stored on the password protected case management system, Leap (Privacy Policy) and Microsoft 365 (Privacy Policy), and physical client records are stored securely in locked cabinets in the Asylum Justice office or in secure storage units off-site. 

Please note we will begin using a new case management provider in February/March 2022. You can view their privacy policy here: https://www.amberlo.io/privacy-policy/. Amberlo is a password protected case management system.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following: 

  • limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality; 
  • procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so; 

9. Do You Share My Personal Data? 

We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions. 

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy. 

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. 

We may sometimes contract with third parties to supply services to support a client’s case such as to write an expert report or provide a translation service. In these instances, clients will have provided consent for us to share information with experts. 

In order to offer our service, we are required to share your data with the following recipients: 

Recipient Activity Carried Out Sector Location 
MJCO – IT Support Provider This recipient may have access to your data in order to maintain our IT systems. Information Technology https://www.mjco.uk/  Cardiff, United Kingdom 
Interpreters/Translators – Various These recipients will be privy to information about you in order to provide an interpreting service. Interpreting/Translation Location:  UK-wide: Freelancers; www.ace-languages.net ;  www.uklanguagesolutions.co.uk ; www.njls.co.uk   
Office of the Immigration Services Commissioner – Our Regulator Provide access to your files to auditors. This is done on a punctual basis and a limited number of files will be selected by the auditors to review. Executive non-departmental public body UK-wide info@oisc.gov.uk 

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8. 

If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8. 

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy. 

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. 

10. How Can I Access My Personal Data? 

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. 

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible. 

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding. 

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress. 

11. How Do I Contact You? 

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details: 

Bernadette Rainey, Chair of Board of Trustees 

Email address: privacy@asylumjustice.org.uk   

Telephone number: 029 2049 9421 

Portland House, 113-116 Bute Street, Cardiff CF10 5EQ 
 

12. Changes to this Privacy Policy 

We may change this Privacy Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection. 

Any changes will be made available at the end of this policy. This Privacy Policy was last updated on 31/01/22.

31/01/22: Please note we will begin using a new case management provider in February/March 2022. You can view their privacy policy here: https://www.amberlo.io/privacy-policy/. Amberlo is a password protected case management system.