Rugby Litigation Privacy Policy

This notice adds to KP Law’s general Privacy Notice. It explains how we use your personal data in this Litigation in particular. Please read both.

Who we are

1. KP Law Limited (company number 11937792), 75 High Holborn, London WC1V 6LS, is the controller of your personal data for your claim. We are registered with the Information Commissioner’s Office (registration ZA653311). You can contact our Data Protection Lead at dataprotection@kpl.co.uk.

Where we got your data

2. The Committee that manages the Litigation on behalf of the Claimants resolved to instruct us in place of Rylands Garth, your previous solicitors. We received your file, including your contact details, information about your claim and your medical and other records, from Rylands Garth. We will also obtain information from you directly, and from organisations that hold your records under the authority that we will ask you to provide.

What data we hold

3. We hold your contact and identity details; information about your rugby career, employment and earnings; financial information relevant to your claim; and, where relevant, information about your family. We also hold information about your physical and mental health and medical history. Your records may also contain other sensitive information.

Why we use your data and our legal basis

4. We use your data to conduct your claim, including to comply with orders of the Court, such as orders to give disclosure to the Defendants. If we do not comply, the claims may be struck out. Our legal bases are:
   • until you confirm your instruction of KP Law: our legitimate interests, and yours, in pursuing your claim and complying with the Court’s orders in it (Article 6(1)(f) UK GDPR);
   • once you have signed our Form of Authority: performing our agreement with you to act on your claim (Article 6(1)(b) UK GDPR);
   • for information about your health and other special category data: that the processing is necessary to establish, exercise or defend legal claims (Article 9(2)(f) UK GDPR); and
   • for any information about criminal offences: the legal claims condition in paragraph 33 of Schedule 1 to the Data Protection Act 2018.

Who we share your data with

5. We share your data only so far as necessary for your claim, with:
   • barristers, and medical and other experts instructed on your claim;
   • providers that retrieve, organise, review or host records for us, which act only on our instructions under written contracts;
   • the Court, and the Defendants and their legal representatives where the court rules or a Court order require it, including in disclosure. The Defendants may use documents disclosed to them only for the purposes of the proceedings, unless the Court allows otherwise;
   • the Committee and its advisers, Milberg London LLP — this will include only information needed to manage the Litigation as a group and not your medical records
   • your litigation funder and after-the-event insurer, subject to confidentiality
   • Rylands Garth, so far as necessary to complete the transfer of your file.

Transfers outside the UK

6. Where data is transferred outside the UK, we use UK adequacy regulations, the International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses.

How long we keep your data

7. We will keep your file for 6 years after your claim ends, unless we need to keep it longer for legal or regulatory reasons. Records shared with experts and providers will be returned or deleted when their work is finished.

YOUR RIGHT TO OBJECT

8. Where we rely on legitimate interests, you have the right to object at any time to our use of your data, on grounds relating to your particular situation. To object, contact dataprotection@kpl.co.uk. We will consider any objection carefully. We may continue to use your data if it is needed to establish, exercise or defend legal claims, including your own claim and our obligations to the Court. We will explain this to you if it applies.

Your other rights

9. You also have the rights set out in section 10 of our general Privacy Notice. These include the rights to access, correct, erase or restrict your data in certain circumstances, and to complain to the Information Commissioner’s Office (ico.org.uk, 0303 123 1113). Please contact us first at dataprotection@kpl.co.uk so we can try to help.