Notarial privacy notice

About this notice

This notice explains how your personal information is collected and used when you use Notarial Services.

It applies only to Notarial Services. It does not apply to any other legal services. For information about cookies and analytics used on this website, please see the website privacy and cookies information elsewhere on the site.

Who we are

This notice applies to the following Notaries Public:

• Jonathan Aldersley
• Samuel Dale
• Anthony Higham
• Justin Kelly
• Andrew Mackenzie

Each Notary is appointed and regulated as a Notary Public by the Master of the Faculties, through the Faculty Office of the Archbishop of Canterbury.

In this notice, “we”, “us” and “our” mean any of the Notaries named above. Each Notary is a data controller for the personal information they handle when providing notarial services.

You can contact the Notaries about this notice or your personal information at: enquiries@butcher-barlow.co.uk or 0161 764 4062

Information we collect

To provide Notarial Services we need a minimum amount of information. Depending on the matter, this may include:

• name, previous names, date and place of birth, nationality and contact details
• copies of identity documents (passport, driving licence, national identity card, proof of address)
• information about your job, employer or professional status
• information contained in the document to be notarised (for example details of property, family, education, employment or business interests)
• information about your authority to sign on behalf of a company, partnership, charity or other organisation
• information needed for anti-money laundering and sanctions checks
• information about the country where the document will be used and any formalities required there

In some cases we may also process:

• special category data (for example racial or ethnic origin shown in a passport, biometric data in a passport, or health information appearing in the document); and
• information about criminal convictions or offences, where this is required for the notarial act or by the law of the country where the document will be used.

If this is needed, we will explain why.

How we use your information and legal bases

We use your information only as needed to provide Notarial Services and to meet legal and regulatory duties. This includes:

• checking your identity, address, capacity and authority
• advising you on the document and preparing the notarial act
• arranging legalisation (for example an apostille or consular certification)
• keeping proper records of notarial acts
• complying with notarial practice rules, anti-money laundering law, sanctions law and other legal obligations
• handling enquiries, complaints and potential legal or regulatory claims

We rely on the following legal bases under UK data protection law:

• it is necessary to perform a contract with you (providing the Notarial Services you have requested)
• it is necessary to comply with legal obligations and notarial practice rules
• it is necessary for our legitimate interests, such as keeping accurate records, managing the notarial practice and responding to enquiries about notarial acts

Where we process special category data or information about criminal convictions, this is usually because it is necessary for the establishment, exercise or defence of legal claims and / or for reasons of substantial public interest, in line with UK data protection law and notarial regulations.

Information collected only in connection with Notarial Services will not be used for general marketing. 

Sharing your information and international transfers

Your information is treated as confidential. It will only be shared where necessary and lawful, for example with:

• foreign lawyers, Notaries, public authorities, registers, consulates and embassies who need to see the document and supporting information
• the Foreign, Commonwealth & Development Office or other bodies responsible for issuing an apostille
• service providers who support the notarial practice (for example IT, case management and archiving providers, accountants, auditors and professional indemnity insurers)
• the Faculty Office of the Archbishop of Canterbury and its inspectors for regulatory, audit or complaint-handling purposes
• law enforcement agencies, regulators or courts where required by law

Because notarial work often involves documents that will be used abroad, some information may be sent outside the UK. Only information that is necessary for the notarial act to be recognised or used overseas will be shared, and reasonable steps will be taken to protect it.

We do not sell your information or share it with third parties for their own marketing. 

How long we keep information and how we keep it safe

Records are kept in line with notarial regulations and guidance. As a general rule:

• the notarial file and copies of notarial acts and supporting documents are kept for at least 12 years; and
• entries in the notarial register (protocol) are kept permanently.

Information may be kept for longer where this is required by law, regulation or insurance, or where needed to deal with complaints, claims or enquiries about a notarial act.

We use appropriate technical and organisational measures to protect your information, including secure storage, IT access controls and confidentiality obligations. If a personal data breach occurs that is likely to result in a risk to you, you will be informed and, where required, the ICO will be notified.

Your rights and complaints

Under data protection law you have rights in relation to your personal information, including the right to:

• request a copy of the personal information held about you
• ask for incorrect or incomplete information to be corrected
• ask for your information to be deleted or for its use to be restricted in certain circumstances
• object to the use of your information where it is based on legitimate interests
• ask for your information to be transferred to you or another service provider

These rights are subject to legal conditions and exemptions. In particular, we are required to keep certain records and to maintain the notarial register, which may limit our ability to delete or amend some information.

If you wish to exercise any of these rights, or if you have any concerns about how your information is used, please contact us using the details in section 2.

You also have the right to complain to the Information Commissioner’s Office:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Website: ico.org.uk
Telephone: 0303 123 1113

Complaints about the conduct of a Notary may, where appropriate, also be made to the Faculty Office of the Archbishop of Canterbury. Details, including current contact information and procedures, are available on the Faculty Office website and also on our Notary Pricing information page.