Guidance

OPG privacy notice: lasting and enduring powers of attorney

Updated 29 May 2019

Applies to England and Wales

• Publication for Northern Ireland
• Publication for Scotland

This privacy notice sets out the standards that you can expect from the Office of the Public Guardian (OPG):

• when we request or hold personal information (‘personal data’) about you
• how you can get access to a copy of your personal data
• what you can do if you think the standards are not being met

OPG is an executive agency of the Ministry of Justice (MOJ).

MOJ is the data controller for the personal information we collect.

OPG collects and processes personal data for the exercise of its own and associated public functions. These include the registration of lasting powers of attorney (LPA) and enduring powers of attorney (EPA) and to keep a register of power of attorneys.

About personal data

Personal data is information about you as an individual. It can be your name, address or telephone number. It can also include information about any finances or assets you wish your attorney to manage, or medical conditions you might have and wishes in regards to future medical treatment.

We know how important it is to protect customers’ privacy and to comply with data protection laws. We will safeguard your personal data and will only disclose it where it is lawful to do so, or with your consent. This applies to the donor of an LPA, attorney or any third parties.

Types of personal data we process

We only process personal data that is relevant for the services we are providing to you. This may include:

• your name and address
• your date of birth
• the name, address and date of birth of your attorneys

It can also include information about your:

• health
• mental capacity
• online identity – for example, an email address

The legal basis for processing data

The information is processed so that OPG may carry out its lawful duties as set out in section 58 of the Mental Capacity Act (MCA) 2005.

The MCA states that the Public Guardian must, among other duties:

• establish and maintain a register of lasting powers of attorney
• receive and review reports from donors of lasting powers of attorney
• deal with representations about the way an attorney is exercising their powers

And that for the purpose of carrying out these functions, may examine and take copies of:

• health records
• records held by a local authority
• any records held by a person registered under the Care Standards Act 2000

Failure to comply with the reasonable directions or requests of OPG in the exercise of these functions may result in an application for the removal of the attorney.

When an application for remission or exemption of fees is made, the information provided and supporting evidence will only be used for the purpose of the application to ensure that a correct fee is charged.

Sharing information

We sometimes need to share the personal information we process with the individual whose data it is and also with other organisations. Where this is necessary we will comply with all aspects of data protection laws.

The organisations we may share your personal information with include:

• the police
• the Court of Protection
• local authorities and social services
• other government agencies
• prisons or probation services
• the Department for Work and Pensions (DWP)
• Court of Protection visitors

This list is not exhaustive and any decision to share information will be made on a case-by-case basis.

Although we make every attempt to protect your rights, under certain circumstances we have a legal duty to share your information, even if you do not consent. This might include prevention or detection of crime, interests of counter-terrorism, and safeguarding responsibilities including child protection.

Office of the Public Guardian registers

When OPG has registered an LPA or EPA we will add the details of the donor and attorneys to the registers.

Anyone can apply to search the Office of the Public Guardian registers, as long as they can provide certain details about the person they want to search for.

Find out more about the Office of the Public Guardian registers

Someone searching the register must provide name, date of birth and address and if these details match OPG will confirm that a power of attorney exists.

Not all the information we hold about a person is on the registers. We can disclose additional information only when the request for it is reasonable and justified and where the law says we can.

Transfer of personal data overseas

It may sometimes be necessary to transfer personal information overseas. When this is needed information may be transferred as necessary. Any transfers made will be in full compliance with all aspects of the data protection law.

How long we keep personal data

We will keep personal data only for as long as:

• we need it to carry out the services we provide to you
• the law requires us to

MOJ keeps a collection of documents called the record retention disposition schedule (RRDS), which shows how long different types of information are kept in each of its agencies.

Access to personal data

You can find out if we hold any personal data about you by making a subject access request.

To request details of personal data we hold, please send your request to:

Information Governance and Data Protection
Ministry of Justice
Post point 10.38
10th Floor
102 Petty France
London, SW1H 9AJ

You can find more information about your rights under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) or in our personal information charter.

When we ask you for personal data

We promise:

• to inform you why we need your personal data and ask only for the personal data we need
• not to collect information that is irrelevant or excessive
• you can withdraw consent at any time, where relevant
• you can lodge a complaint with the supervisory authority
• to protect your personal data and make sure no unauthorised person has access to it
• only to share your data with other organisations for legitimate purposes where appropriate and necessary
• to make sure we don’t keep it longer than is necessary
• not to make your personal data available for commercial use without your consent
• to consider your request to correct, stop processing or erase your personal data

You can get more details on:

• agreements we have with other organisations for sharing information
• circumstances where we can pass on personal information without telling you, for example, to help with the prevention or detection of crime or to produce anonymised statistics
• 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
• how to make a complaint
• how to contact the Ministry of Justice Data Protection Officer

For more information about these issues, please contact:

OPG information Assurance
PO Box 16185
Birmingham
B2 2WH

Or alternatively you can contact:

MOJ Data Protection Officer
Post point 10.38
102 Petty France
London
SW1H 9AJ

For more information on how and why your information is processed please see the information provided when you accessed our services or were contacted by us.

Data Protection Officer

If you have any concerns about how OPG is handling your personal data, you may contact the Data Protection Officer (DPO).

The DPO provides independent advice and monitoring of our use of personal information.

You can contact the Data Protection Officer at:

MOJ Data Protection Officer
Post point 10.38
102 Petty France
London
SW1H 9AJ

Complaints

When we ask you for information, we will keep to the law. If you consider that your information has been handled incorrectly, you can contact the Information Commissioner for independent advice about data protection.

Contact the Information Commissioner at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113

Website: www.ico.org.uk