Privacy Policy
- About this Privacy Policy
This Privacy Policy sets out how Arthur Law (ABN 19 642 416 537)(we, us or our) collects, holds, uses and discloses personal information, and how you may access and correct personal information we hold about you.
This Privacy Policy applies to personal information we handle:
(a) through our website and online enquiry/contact forms;
(b) through phone call enquiries;
(c) in the course or providing legal services in criminal law, traffic law and our general law practice; and
(d) in other dealings with clients, prospective clients, referrers, barristers, experts, service providers and other third parties.
2. Privacy Framework
We aim to comply with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (AAPs), and the Notifiable Data Breaches (NDB) scheme.
3. What is “personal information” and “sensitive information”?
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.
Sensitive information is a subset of personal information and includes (among other things) health information and information about a person’s criminal record. Because we practice criminal law and other areas of law, we may collect sensitive information in the course of assessing, advising on, or acting in legal matters (including information relating to alleged offences, charges, convictions, police or court processes, apprehended violence orders, bail, and related history).
4. The kinds of information we collect and hold
The kinds of information we may collect include:
(a) identity and contact details (name, address, email, telephone number, date of birth)l
(b) identification details (such as driver licence details or other ID information, as required)
(c) matter-related information you provide to us, including instructions, documents, and communications;
(d) information about your use of our website (see clause 8);
(e) billing and payment-related information (such as invoice details, payment status, and transaction references);
(f) details of third parties relevant to your matter (such as witnesses, family members, employers, or other parties), where you provide that information to us.
Sensitive information we may collect (where relevant and reasonably necessary) includes:
(g) criminal record information and allegations, charges, court outcomes and related history;
(h) health information relevant to your matter (for example where medical issues are relevant to bail, defended hearing, sentencing, capacity, or instructions);
(i) other sensitive information you choose to provide, or which is necessary for legal services.
5. How we collect personal information
5.1 Collection from you (direct collection)
We generally collect personal information directly from you when you:
(a) submit an enquiry through our website form;
(b) contact us by phone (including leaving a voicemail);
(c) email correspondence with us;
(d) attend an appointment (in person or by video conference);
(e) provide documents and information for the purposes of receiving legal services;
(f) pay for our services, or we otherwise deal with you in relation to accounts.
5.2 Collection by phone calls
When you call us, we may collect personal information you provide during the call, such as your contact details and the nature of your enquiry. We may also make filenotes of calls.
If call recording is used, we will take reasonable steps to notify you at or before the time of the call (for example through verbal notification). Where call recording is not used, we may still keep written notes.
5.3 Collection via website forms
When you complete a website enquiry/contact form, we collect the information you enter into the form (which may include sensitive information if you choose to include it in the message fields). You should avoid including highly sensitive details in a general enquiry field unless necessary.
5.4 Collection from third parties (indirect collection)
Where reasonable and appropriate, we may collect information about you from third parties, including:
(a) court and tribunals;
(b) NSW Police Force and other law enforcement agencies;
(c) the Office of the Director of Public Prosecutions and other prosecuting agencies;
(d) Corrective Services and custodial facilities;
(e) barristers, experts (including medical experts), interpreters and other professionals engaged in your matter;
(f) your family members or other persons you authorise (expressly or impliedly) to communicate with us; and
(g) other parties to proceedings and their representatives;
where this is relevant to your matter and permitted by law.
6. Why we collect, hold, use and disclose personal information
We collect, hold, use and disclose personal information for purposes including:
(a) responding to enquiries and assessing whether we can assist you;
(b) providing legal advice and legal services (including criminal law and other areas of practice);
(c) verifying your identity and protecting against fraud or unauthorised instructions;
(d) communicating with you about your matter, appointments, documents and deadlines;
(e) complying with our legal and regulatory obligations (including professional obligations);
(f) managing conflicts of interest and independence obligations;
(g) instructing and liaising with barristers, experts and other service providers engaged for your matter;
(h) administering our practice, including file management, risk management, quality assurance, IT, training and supervision;
(i) issuing costs disclosures, bills and collecting payments;
(j) maintaining appropriate records of our dealings and advice;
(k) dealing with complaints and enquiries;
(l) any other purpose notified to you at the time of collection, or otherwise permitted by law.
7. When we disclose personal information
We may disclose personal information (including sensitive information where relevant) to:
(a) barristers we brief of consult;
(b) expert witnesses and consultants (including medical experts, forensic experts, accountants and other specialists);
(c) interpreters and transcription providers;
(d) courts, tribunals and registries;
(e) law enforcement agencies and prosecuting authorities (where required or authorised by law, or as part of acting on your instructions and protecting your legal interests);
(f) government agencies, corrective services and custodial facilities where relevant to your matter;
(g) third parties involved in your matter (for example, other parties and their representatives), where required for your matter;
(h) service providers who support our operations (including IT, cloud storage, practice management systems, email, telephony, payments, and professional advisers such as accountants and insurers);
(i) any person or entity you authorise us to disclose information to; and
(j) other persons where required or authorised by law.
We take reasonable steps to ensure that service providers who handle personal information on our behalf are required to protect it.
8. Website analytics, cookies and online interactions
8.1 Website usage data
When you use our website, we (and our service providers) may collect certain information about your device and browsing activity, such as:
(a) IP address;
(b) browser type and operating system;
(c) pages viewed and time spent on pages;
(d) referring websites and links clicked.
8.2 Cookies
Our website may use cookies and similar technologies to improve website functionality, security and user experience, and to measure website performance.
You can manage cookies through your browser settings. If you disable cookies, some website features may not function as intended.
8.3 Third-party links
Our website may contain links to third-party websites. We are not responsible for the privacy practices of third-party sites, and you should review their privacy policies.
9. Anonymity and pseudonymity
In most legal matters we will need to identify you and collect sufficient information to provide legal services and meet professional obligations. If you do not provide requested personal information, we may not be able to assist you, or may be limited in the services we can provide.
10. How we hold and secure personal information
10.1 Storage
We hold personal information in paper and electronic forms, including in legal files, email systems and practice management systems.
10.2 Security measures
We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Our measures may include:
(a) access controls and use authentication;
(b) staff confidentiality obligations and training;
(c) secure storage for physical files;
(d) security software, firewall and endpoint protections;
(e) secure backup processes; and
(f)procedures for managing and investigating suspended incidents.
10.3 Retention and destruction
We take reasonable steps to destroy or de-identify personal information we no longer need for any purpose permitted by law.
Given the nature of legal services, we may retain certain files and records for extended periods to comply with legal, regulatory, professional and insurance requirements.
11. Overseas disclosures
We may use service providers (such as cloud hosting, IT support, or communication providers) that store or process information outside Australia.
Where we disclose personal information to an overseas recipient, we take reasonable steps to ensure the information is handled in a way that is consistent with Australian privacy requirements, unless an exception applies.
12. Access to and correction of personal information
12.1 Access
You may request access to personal information we hold about you by contacting info@arthurlaw.com.au
We will respond within a reasonable time and may need to verify your identity before providing access.
12.2 Correction
If you believe personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you may request that we correct it. If we do not agree to make a requested correction, we will (where required) take reasonable steps to provide written notice explaining the reasons and available complaint options.
12.3 Limits on access or correction
In some circumstances, we may refuse access to, or correction of, personal information (for example, where permitted by law or where giving access would unreasonably impact the privacy of others). If we refuse a request, we will (where required) provide reasons and information about how to complain.
13. Direct marketing
We do not use personal information collected in connection with legal enquiries and legal matters for direct marketing unless you have consented (expressly or as otherwise permitted by law) or it is otherwise permitted under applicable privacy laws.
14. Notifiable Data Breaches (NDB) Scheme
14.1 Data breaches
A data breach occurs when personal information is lost or accessed or disclosed without authorisation, or where it is reasonably likely to occur.
14.2 Our response
If we become aware of a suspected or actual data breach we will take steps to:
(a) contain and assess the incident;
(b) undertake an assessment in a timely manner; and
(c) where required under the NDB scheme, notify affected individuals and the Office of the Australian Information Commissioner.
15. Complaints
If you have a complaint or questions about how we handle personal information please contact us via info@arthurlaw.com.au
16. Use of Artificial Intelligence (AI)
16.1 Use of AI in our services
We may use artificial intelligence (AI) tools and technologies to assist in the provision of our legal services and the operation of our practice. This may include, for example, the use of AI for document review, legal research, drafting assistance, data analysis, or administrative support.
16.2 Handling of personal information by AI systems
Where AI tools process personal information, we take reasonable steps to ensure that such tools are used in a manner consistent with our privacy obligations and that personal information is protected from misuse, interference, and unauthorised access, modification or disclosure. We require that any third-party AI service providers we engage are subject to appropriate privacy and confidentiality obligations.
16.3 Human oversight and decision-making
Decisions regard your legal matter are not made solely by AI. All legal advice, recommendations, and significant actions are reviewed and determined by qualified legal practitioners.
16.4 Transparency and further information
If you have questions about our use of AI in handling your personal information or in the provision of our services, please contact us at info@arthurlaw.com.au.
17. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. The current version will be published on our website.