Sign up to the Claims Portal newsletter to get the latest updates

Sign up to the Portal newsletter to receive the latest news and updates 

Close

Privacy Policy

Introduction

Claims Portal Ltd is committed to protecting your personal data. This privacy policy will inform you on how Claims Portal Ltd uses your personal data and about your rights under data protection legislation.

Where you provide personal information to Claims Portal Ltd about other people, Claims Portal Ltd will be the data controller of the personal data you provide. You are required to bring this Policy to the individual's attention and provide them with a privacy policy which incorporates Claims Portal Ltd’s Privacy Policy, before supplying Claims Portal with their personal data.

Quick links

We recommend that you read this Privacy Notice in full to ensure you are fully informed. However, if you only want to access a particular section of this Privacy Notice, then you can click on the relevant link below to jump to that section.  

Who we are

The Data Controller is Claims Portal Ltd (‘CPL’), company number 0723792 and registered office: 6-12 Capital Drive, Milton Keynes, United Kingdom, MK14 6XT. CPL is the controller and is responsible for the personal data contained in the Rapid Claims Settlement Portal.

CPL provides the functionality for claimant representatives, compensators and litigants in person (LIPs) to exchange all relevant claim information and documentation between, in line with the MoJ Pre-Action Protocol. It is a scheme for Employers Liability (EL), Public Liability (PL) and Motor claims of a value up to £25,000.

Data Protection Officer

CPL have appointed a Data Protection Officer who is responsible for overseeing questions in relation to this privacy policy. CPL’s Data Protection Officer is the Motor Insurers' Bureau Head of Audit who can be contacted at 6-12 Capital Drive, Milton Keynes, MK14 6XT or by email: GDPREnquiries@mib.org.uk

Third party links

The website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. CPL do not control these third-party websites and are not responsible for their privacy statements. When you leave this website, we encourage you to read the privacy notice of every website you visit.

Information we may collect about you

Personal data means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data that is about an organisation or company information or data where the identity has been removed (“anonymous data”).

CPL may collect, use, store and transfer (“process”) different kinds of personal data about you including special categories of personal data. The data we process about you and how it is used, is detailed below:

Data Type

Personal information collected

Identification data

Name, address, email address, telephone number, National Insurance number, IP address

Contact data

Email address, address, and telephone numbers

Usage data

Information on how individuals use the CPL website

Technical data

Traffic data, location data, internet protocol (IP) address, login data Information contained on the Claim Notification Forms (CNF) submitted onto the Portal, medical records, witness statements, vehicle information, employment information and supporting evidence including but not limited to photographic evidence and documents to assist with the processing of the claim.

Research data

Surveys completed, forms completed on the website

Communication data

Includes any preference in receiving communication.

If you fail to provide personal data

Where CPL needs to collect personal data by law or under the terms of a contract (including the user agreements) we have with you or to process your claim and you fail to provide that data when requested, CPL may not be able to process your information or perform the contract we have or trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us or discontinue the processing of your claim but we will notify you if this is the case at the time.

Legal basis for processing your data

CPL will only use your personal data when the law allows it to. CPL will use your personal data for the purposes of:

  • where the processing is necessary for compliance with a legal obligation. CPL only act in accordance with the Pre-Action Protocols and consults regularly with the MoJ to ensure CPL are adhering to these legal obligations;
  • where the processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
  • where we need to perform a contract we are about to enter into or have entered into with you, either the General Conditions of Use for Portal users or User Interface Development Agreement (hereafter “User Agreement”);
  • where it is necessary for CPL’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interest

CPL does not generally rely on consent as a legal basis for processing your personal data other than for the purposes of marketing communications to you by email. You have the right to withdraw your consent to marketing at any time by clicking ‘unsubscribe’ at the bottom of the email or by emailing: claimsportal@mib.org.uk

Purposes for which CPL will use your personal data

The table set out below provides a description of all the ways CPL intends to use your personal data, and which of the legal bases CPL relies on to do so. This includes identifying the basis of the legitimate interests where appropriate.

Purpose/Activity

Lawful basis for processing

To register you as a CPL user, this will include making certain checks, including necessary fraud checks that the registering party and its employees are considered to be suitable to obtain access and to use the database operated by CPL.

Necessary to perform the obligations within the User Agreement with CPL

Necessary for CPL’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

To manage CPL’s relationship with you and communicate with you. This includes but not limited to:

(a) Arranging and undertaking audits

(b) Notifying you of changes to terms

(c) Providing updates on the Portal service

(d) Corresponding about issues/complaints arising from your use of the Portal service

(e) Responding to queries you raise with CPL

(f) Taking decisions relating to your use of the Claims Portal database

(g) To keep written records of minutes of meetings and discussions held with you

(i) To bring a claim or defend CPL in legal proceedings.

Necessary to perform the obligations within the User Agreement with CPL

Necessary to comply with legal obligations

To check on an ongoing basis that you are compliant with the General Conditions of Use for Portal Users Agreement, regulatory requirements, legal requirements and that you should be given continued access to the Portal. This includes audits of your organisation.

Necessary to perform the obligations within the User Agreement with CPL

To process claims data, CNF data and special categories of data, such as medical and injury data.

Necessary to comply with legal obligations

Necessary to perform the obligations within the User Agreement  with CPL

Necessary for the establishment, exercise or defence of legal claims

To prevent and investigate fraud.

Necessary to perform the obligations within the User Agreement  with CPL

Necessary for CPL’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

Necessary for the establishment, exercise or defence of legal claims

To comply with our legal or regulatory obligations.

Necessary to comply with our legal obligations

To administer and protect the Portal including:

(a) ensuring those accessing the Portal are permitted to do so;

(b) that the Portal is being used appropriately;

(c) individuals who are using the Portal should continue to have access/not in breach of obligations

(d) any development and testing of User Interfaces is carried out in accordance with the agreements.

Necessary to perform the obligations within the User Agreement with CPL

Management information (MI) to provide high level information on the claims processes and users use of the Portal –

 

(a) total number of CNFs created and processed in the Portal at various stages of the claims process

(b) average General Damages offered after contributions  

(c) monitoring users' use of the Portal

Necessary for CPL’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

Change of purpose

CPL will only use your personal data for the purposes for which it collected it, unless CPL reasonably considers that it needs to use it for another reason and that reason is compatible with the original purpose. If you wish to have an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at claimsportal@mib.org.uk.

If CPL needs to use your personal data for an unrelated purpose, CLP will notify you and it will explain the legal basis which allows it to do so. However, CPL may process your personal data without your knowledge or consent, in compliance with the above rules, or where this is required or permitted by law.

How your personal data is collected

The personal data received by CPL originates from Authorised Users (Claimant Representatives/Compensators) who collect the data directly from the data subjects or from the individual themselves if registered as a Litigant in Person (LIPs). 

Personal data will be collected on the Rapid Settlement Claim site through submitting an application to register on the Portal and submission of the Claims Notification Form (CNF) either for yourself or on behalf of a claimant.

Personal data will also be collected on the Claims Portal website through our Contact Us page or if you sign up for communication updates.

Categories of personal data

CPL processes personal data as defined by the applicable data protection legislation.

CPL may also process special categories of data, in particular data concerning health, as injuries or diseases associated with the claim could be either entered on the CNF or medical records submitted onto the Portal as evidence to assist with the processing of the claim. 

Details of transfers to third countries and safeguards

The Internet is a global medium and your information may therefore be transferred outside the European Economic Area (EEA) en route. Your information may be transferred to any country, including countries outside the EEA where the transfer is necessary for the purposes of establishing, exercising or defending legal rights, obtaining legal advice, or in connection with any legal proceedings.

CPL will ensure to comply with all aspects of the General Data Protection Regulation and applicable data protection legislation.

Retention of data

CPL will only retain your personal data for as long as necessary to fulfil the purposes that it was collected for, including for the purposes of satisfying any legal or regulatory requirements.

Claims may be removed from the Portal after 30 days. This includes claims that have ended because they have timed out, settled, reached court proceedings or where either party has decided to take the claim out of the process using the Exit process.

For the retention periods of claims and accounts held on the Portal system on the Rapid Settlement Claim database, please refer to the Claims Portal Data Retention Policy for more information.  

In some circumstances you can ask CPL to delete your data: see “Right to erasure” below for further information.

In some circumstances CPL may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case CPL may use this information indefinitely without further notice to you.

Other parties who will have access to your data

CPL may sometimes need to share the personal information we process with the individual themselves and also with other organisations within the United Kingdom or overseas. Where this is necessary we are required to comply with all aspects of the General Data Protection Regulations. What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons.

Where necessary or required we share information including but not limited to:  

  • Suppliers and services providers (acting as controllers or processors);
  • Government bodies (acting as controllers or processors);
  • Law enforcement and prosecuting authorities (acting as controllers or processors);
  • Ombudsmen and regulatory authorities (acting as controllers or processors) including the Information Commissioner’s Office;
  • Courts and tribunals (acting as controllers or processors);
  • Employees and agents of the data controller (acting as controllers or processors);
  • Fraud prevention agencies and organisations including the Insurance Fraud Bureau (IFB) (acting as controllers or processors);
  • MedCo Registrations Solution (acting as controllers or processors).

We may also disclose your personal data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.  We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Transferring your personal information overseas

Your personal data obtained by us through the Portal will not be transferred to any country outside of the European Union.

Data Security

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Portal; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

CPL has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

CPL has also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where CPL is legally required to do so.

Data Subject Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out, please email: claimsportal@mib.org.uk 

It is important that the personal data CPL holds about you is accurate and current. Please update CPL if your personal data changes during your relationship with CPL.

CPL will not usually charge you a fee for any request you make.

CPL may need to request specific information from you to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

CPL will respond to your requests as soon as possible and at the latest within a month. Occasionally it may take CPL longer than a month if your request is particularly complex or you have made a number of requests. In this case, you will be notified and kept updated on the progress of your request.

The right to access your data

You can access your data held on the Claims Portal Ltd by completing a ‘data subject access request’. A form can be found here. This enables you to obtain data that is processed about you within the Portal.  If you wish to obtain the full claim file/details you may wish to submit a request to your Claimant Representative or Compensator who are dealing with your claim.

The right to rectification

You are entitled to have your personal data rectified if it is inaccurate or incorrect. If your information is to be rectified the only way to do this is for your Claimant Representative or Compensator who entered the information onto the Portal to delete the claim from the Portal and a new CNF submitted onto the system with the corrected personal data.

The right to erasure (also known as ‘right to be forgotten’)

This enables you to request CPL to delete or remove personal data where there is no good reason for CPL to continue to process it. This is not an absolute right and CPL may not always be able to comply with your request of erasure for specific legal reasons. If this is the case you will be notified of this at the time of your request.

The right to restrict processing

This enables you to request to restrict processing of your personal data where:

a) you wish for CPL to verify the accuracy of the personal data.

b) the processing is unlawful and you want to restrict the use of it rather than request for the data to be erased.

c) the personal data is no longer needed by CPL but you require it for exercise or defence for legal claims.

d) if you have objected to CPL’s use of your data but CPL need to verify if it has an overriding legitimate reason to continue to process it.

CPL may not always be able to comply with your request to restrict processing for specific legal reasons. If this is the case you will be notified of this at the time of your request.

The right to object to processing

This enables you to object to the processing of your personal data if CPL are relying on a legitimate interest to do so. CPL may not always be able to comply with your request for specific legal reasons. If this is the case you will be notified of this at the time of your request.

You also have the right to object where CPL is processing your personal data for direct marketing purposes.

Rights related to automated decision making including profiling

This enables you to obtain an explanation of the automated decision making or challenge and object to the processing of personal data for the use of automated decision making. If you do not want CPL to undertake automated decision making in relation to your personal data you may be unable to continue to use the Portal system. If this is the case you will be notified of this at the time of your request.

Right to request the transfer of your personal data to you or a third party

CPL will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

The right to withdraw consent at any time where CPL are relying on consent to process your personal data.

You have the right to withdraw consent to processing of your personal data in relation to the Website. This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, CPL may not be able to continue to provide services to you. If this is the case CPL will inform you of this at the time you withdraw your consent.

Please note, if you do withdraw consent for the processing of personal data in relation to the Website, CPL may still have a lawful basis for processing other data obtained about you for regulatory or anti-fraud purposes.

Right to lodge a complaint with a supervisory authority

Under Article 77 of the General Data Protection Regulations, a consumer has the right to lodge a complaint with a supervisory authority, if the data subject considers that the processing of personal data relating to him or her infringes this regulation. Please see the Information Commissioner’s website for further information www.ico.org.uk.

Changes to the Privacy Policy

CPL will keep this privacy policy under regular review, this was last updated on 22nd January 2019.  

Any updates made from time to time will reflect developments or as stipulated by data protection legislation and amendments to ICO guidance.

Please check the CPL website regularly for any updates or changes to the Privacy Policy.