What does GDPR mean for expert witnesses?

Related Sector: Expert Witness

On 25 May 2018, the General Data Protection Regulation (GDPR) comes into force. This new regulation is one of the biggest shakeup of personal data privacy rules since the birth of the internet. Under GDPR, individuals will have more control over their personal information and the level of privacy and security protections will increase.

Does GDPR affect expert witnesses?

Yes – all expert witnesses, as an individual or part of an organisation, need to be GDPR compliant. Every expert witness who processes personal data as part of their work will be more accountable to individuals and to the Information Commissioner.  

What does GDPR mean for expert witnesses?

The GDPR introduces a new principle of accountability. This means an expert must both comply with GDPR and be able to demonstrate compliance. Policies need to be put into place and implemented now.

Before sharing personal data with expert witnesses, solicitors may require confirmation that the expert is GDPR compliant. To ensure compliance, experts need to review their personal data processing activities in granular detail and identify risks including:

• compliance with the GDPR and the Data Protection Act 2018
• risks to individuals
• risks to the expert or their organisation

Where a risk is identified, it needs to be eradicated or reduced.

What may happen if you do not comply with GDPR?

• Solicitors may not instruct you as compliance is mandatory
• You may face sanctions including heavy fines and you may be sued
• You may suffer significant reputational damage

In collaboration with top solicitor and subject matter expert Mariel Irvine, Bond Solon has created the GDPR for Expert Witnesses Toolkit. This will:

• Help you understand what the General Data Protection Regulations means to you as an expert witness
• Provide you with tools you are most likely to need to comply with the GDPR

Click here to find out more about our toolkit.