Privacy policy
This privacy policy explains why we collect your personal data and what we do with it. It also explains your rights and how to enforce them.
Who manages this service
This service is managed by HM Courts and Tribunals Service (HMCTS), which is an executive agency of the Ministry of Justice (MoJ).
The MoJ is known as the data controller for data protection purposes. The MoJ personal information charter (opens in a new window) explains how the MoJ processes personal data.
As part of the MoJ, HMCTS is responsible for deciding how your personal data is used and for protecting the personal data you provide.
More information about how to use the service is in the terms and conditions.
Why we collect your personal data
We collect your personal data to:
- process your claim or application
- meet legal requirements
- make improvements to this service
Our staff use your personal data to process your claim or application. They work in the UK and your data is stored in the UK.
Types of personal data we collect
The personal data we collect includes:
- your name, address and contact details
- your email and password (if you create an account)
- other personal information you provide in your claim or application
Using your data
As part of your claim you’ll be asked to use your email address to set up an account. You will be able to use this email and password to sign into other HMCTS services.
We may ask for your permission to use your email address to send you emails using GOV.UK Notify. This system processes emails only within the European Economic Area until the point where emails are handed over to the email provider you use.
We use cookies to collect data that tells us about how you’re using this service, including:
- if you open an email from us or click on a link in an email
- your computer, phone or tablet’s IP address
- the region or town where you are using your computer, phone or tablet
- the web browser you use
Sharing your data
While processing your claim or application, another government department, agency or organisation might be involved and we may share your data with them.
Any data posted in by you or other parties to support the claim issue and progression will be shared with Exela Technologies Limited and, if printing is required, with Xerox (UK) Ltd.
If you contact us and ask for help with the service you are using, your personal data may be shared with the Good Things Foundation. This is a company who we have partnered with to offer face to face support.
In some circumstances we may share your data for example, to prevent or detect crime, or to produce anonymised statistics.
We use Google Analytics to collect data about how a website is used. This anonymous data is shared with Google. Find out about this in our terms and conditions.
The information you submit will be shared with everyone who is named on the claim. This excludes any payment details that you use to pay court fees.
If a judgment is made on a case some information is shared with Registry Trust Limited who provide financial information about court judgments to banks and credit agencies.
Storing and sharing your data internationally
Sometimes we need to send your personal information outside of the UK. When we do this we comply with data protection law.
Your rights
You can ask:
- to see the personal data that we hold on you
- to have the personal data corrected
- to have the personal data removed or deleted (this will depend on the circumstances, for example if you decide not to continue your claim or application)
- that access to the personal data is restricted (for example, you can ask to have your data stored for longer and not automatically deleted)
If you want to see the personal data that we hold on you, you can:
-
complete a form to make a subject access request (opens in a new window) - your request goes to the MOJ as data controller
- write to us: Disclosure Team, Post point 10.38, 102 Petty France, London, SW1H 9AJ
You can ask for more information about:
- agreements we have on sharing information with other organisations
- when we are allowed to pass on personal information without telling you
- our instructions to staff on how to collect, use or delete your personal information)
- how we check that the information we hold is accurate and up-to-date
You can contact the MoJ data protection officer by:
- writing to us: Post point 10.38, 102 Petty France, London, SW1H 9AJ
- emailing: privacy@justice.gov.uk
How to complain
See our complaints procedure, if you want to complain about how we’ve handled your personal data.
Write to: Post point 10.38, 102 Petty France, London, SW1H 9AJ
Email: privacy@justice.gov.uk
You can also complain to the Information Commissioner’s Office (opens in a new window) if you’re not satisfied with our response or believe we are not processing your personal data lawfully.
Using the money claims service
The personal data we need
If you are using the money claims service we may ask you for:
- your name
- your business or organisation if you are acting on their behalf
- your date of birth
- your email or mobile phone number
- your address
- the name of the person, business or organisation you are claiming against
- their email address
- their address
- the reasons you are making the claim
- the timeline of events leading to the dispute
- a list of any evidence you have to support your claim
If you are responding to a money claim we ask you to check the personal information about you that was provided by the claimant which includes your name, your address and contact details.
We may ask you to provide:
- your date of birth
- your business or organisation if you are acting on their behalf
- your response to the claim made against you
- the timeline of events leading to the dispute
- a list of any evidence you have to support your claim
Storing your data
When you use this service you’ll be asked to use your email address to set up an account. You can use this email and password to sign into other HMCTS services.
Before you submit your information
The information you enter in the money claims service is saved until you decide to submit it. This allows you to save what you are doing and continue later. Saved information that you do not submit will be deleted after 90 days.
After you submit your information
The information you submit for a money claim will be deleted 2 years after the court makes a decision on the outcome of your claim (this is called a judgment).
If the court doesn’t make a decision about your claim (for example, you settle the claim out of court and a judgment is no longer required) then the information you provide will be deleted 3 years after the last update made to the claim.
Retain and dispose
In the course of carrying out various functions, HMCTS creates and holds a wide range of recorded information. Records will be properly retained to enable HMCTS to meet its business needs, legal requirements, to evidence events or agreements in the event of allegations or disputes and to ensure that any records of historic value are preserved.
The untimely destruction of records could affect the conduct of HMCTS business and HMCTS ability to comply with statutory obligations. Conversely, the permanent retention of records is undesirable and disposal is necessary to free up storage space, reduce administrative burden and to ensure that HMCTS does not unlawfully retain records for longer than necessary (particularly those containing personal data).
1. This policy supports HMCTS in demonstrating accountability through the proper retention of records and by demonstrating that disposal decisions are taken with proper authority and in accordance with due process.
2. The purpose of this policy is to provide guidance as to set out the length of time that HMCTS records should be retained and the processes to review the records as to any further retention or for disposing of records at the end of the retention period. The policy helps to ensure that HMCTS operates in compliance with the General Data Protection Regulation and any other legislative or regulatory retention obligations.
3. The policy covers the records listed by HMCTS irrespective of the media on which they are created or held including:
- paper
- electronic files (including database, Word documents, power point presentations, spreadsheets, webpages and e-mails)
- photographs, scanned images, CD-ROMs and video tapes
And includes all types of records which HMCTS creates or holds on behalf of the members. The records may include, but are not limited to, the following:
- client files
- contracts and invoices
- registers
- legal advice
- financial accounts
- user information
4. The retention period for records is six years, unless the following applies:
- If the case has been transferred to a County Court the record will be copied to a paper file, in which case the electronic record will be destroyed after three years
- HMCTS has the ability to change the date the file will be disposed of if, for example, a caseworker reviews the file and notes that after six years the case is still progressing. In these circumstances the date of disposal will be extended for a minimum of one year.
5. The Data Protection Manager is responsible for ensuring that the user information is periodically reviewed (annually) to determine whether any retention periods have expired. Once the retention period has expired, the record must be reviewed and a ‘disposal action’ agreed upon. A ‘disposal action’ is;
- the destruction of the record; or
- the retention of the record for a further period under the instruction from the Data Controller of the data
6. No destruction of a record will take place without assurance that:
- the record is no longer required by HMCTS
- no litigation or investigation is current or pending which affects the claim
- there are no current or pending FOIA or GDPR subject access requests which affect the record.
6.1 Destruction of Paper Records. Destruction will be carried out in a way that preserves the confidentiality of the record. Non-confidential records will be placed in ordinary rubbish bins or recycling bins. Confidential records will be placed in confidential waste bins and collected by the Chambers approved disposal firm for secure destruction. A certificate of destruction will be provided upon each completed process. All copies including security copies, preservation copies and backup copies will also be destroyed at the same time in the same manner.
6.2 Destruction of Electronic Records. All electronic records will be either physically destroyed or wiped. Confirmation of the date of this will be recorded by HMCTS.
Contact us for help
Telephone
0300 123 7050Monday to Friday, 8.30am to 5pm.
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