Why GDPR Matters for Family Lawyers
Family lawyers handle some of the most sensitive personal data in existence — domestic abuse histories, mental health records, children's welfare information, and detailed financial positions. UK GDPR and SRA professional standards both demand rigorous data protection practices.
Special Category Data in Family Law
Health and mental health information, domestic abuse histories, sexual orientation, and criminal conviction records are all routinely processed in family proceedings. The Article 9(2)(f) legal claims basis permits processing for the establishment, exercise, or defence of legal claims — critical in contested family matters.
Data Sharing in Proceedings
Court-directed disclosure is covered by legal obligation. Sharing with CAFCASS, expert witnesses, and the Legal Aid Agency each has its own lawful basis. In domestic abuse cases, take active steps to protect client addresses in court documents and correspondence.
Children's Data
Children are subjects of some of the most sensitive data on family files. Retain children's proceedings records until the youngest child's 18th birthday at minimum. Care proceedings: consider 75 years. Children have independent GDPR rights from around age 13.
Retention by Matter Type
Children proceedings: 18+ years. Financial remedy: 6 years. Domestic abuse: 7 years minimum. AML records: 5 years post-completion.
How Custodia Can Help
Custodia automates GDPR compliance for family law practices — privacy policy generation, data subject request management, and ongoing compliance monitoring.
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