This privacy notice provides you with information as to how The Medical Protection Society collects, handles, stores, processes, and protects personal information. This notice also contains information about your rights, and how you can contact us if you have any questions on how we handle your information.
This privacy notice applies to potential and actual members of MPS, as well as to our website visitors and those whose information we may obtain during the course of protecting our members’ interests. For example, we may have information about you if you are involved in a claim or complaint against an MPS member or former member.
References to members or actual members includes former members who remain entitled (even after termination of their membership of MPS) to assistance in relation to events occurring during that membership.
In this privacy notice, references to "we" or "us" or “our” and “MPS” are to The Medical Protection Society Limited and its subsidiaries, the “MPS Group”. For company contact details and information about which companies make decisions about how your personal information is handled, click read more.
Controller for All: The Medical Protection Society Limited (a company registered in England with company number 36142 at Level 19, The Shard, 32 London Bridge Street, London, SE1 9SG) makes decisions about how your personal information is handled in connection with the MPS websites, actual/potential members and individuals connected with complaints/cases. This means that it is a “controller” of your information in accordance with data protection laws.
If you are a member located in South Africa, Singapore, Hong Kong and Australia (or an individual connected with a complaint or case about a member located in those jurisdictions), the relevant local MPS entity also jointly decides how your personal information is handled.
- Joint Controller for South African Members: MPS South Africa Services (Pty) Ltd, a company registered in South Africa with company number 2017/417238/07 at Executive City, Cnr Cross Str and Chairmaine Ave, President Ridge Randburg, Gauteng 2194
- Joint Controller for Singaporean Members: MPS (Singapore Services) Pte Ltd, a company registered in Singapore with company number 201723019E at 10 Changi Business Park Central 2, #05-01 HansaPoint@CBP, Singapore 486030
- Joint Controller for Hong Kong Members: MPS (Hong Kong Services) Limited, a company registered in Hong Kong with company number 2615454 at Units 1603-4, 16th Floor, Causeway Bay Plaza I, No. 489 Hennessy Road, Hong Kong
- Joint Controller for Australian Members: DPL Australia Pty Ltd, a company registered in Australia with company number 24 092 695 933 at 65 Park Rd, PO Box 1013, Milton, QLD 4064, Australia
- Joint Controller for Members in Trinidad & Tobago: Medical & Dental Defence Services Limited, a company registered in Trinidad & Tobago with company number C2020061704321 at 6A Palmiste Drive, Phillipine, La Romaine, 651222, Trinidad & Tobago
- Joint Controller Members in Jamaica: MPSJS Limited, a company registered in Jamaica with company number 106488 at 48 Duke Street, Kingston, Jamaica
Controllers may be subject to one or more data protection laws in relation to any specific use of personal information.
We may collect information from you when you interact with us, for example, when you use our websites, apply for membership or when you provide information in the course of using our services. We also collect information about you from certain third parties (e.g. other professional defence organisations, your employer, witnesses in a case, etc.).
Actual or potential members and website users may choose not to provide us with personal information. If they do so, we may not be able to accept them as a member (where relevant) or provide them with the full benefit of our services. Where this is the case, this will be made clear (e.g. because a form cannot be submitted, the website does not function or because we will tell them that this is the case).
To read more on how your information is collected, please click read more.
- Through your use of our websites: you provide us with information such as your IP address and information that you enter into contact and other online forms.
- When you apply for membership: we ask you to provide us with information that we require to consider your application.
- Through our provision of services to you: e.g. through any correspondence and transactions between us, as well as when you contact us to request assistance (please note that we may record or monitor our calls for compliance and quality control purposes), or use any of the services that we provide (actual or potential provision of membership, advice, assistance or indemnity).
- From third parties:
- where you apply for membership or are a member, we may receive information about you from other professional defence organisations, insurance companies, employers and other third parties who provide us with details of your professional practice and career history
- where you are involved in a claim or complaint (whether as a member, claimant, complainant or co-defendant, for example), we may receive information about you from a member, complainant, claimant, witness, expert, court, regulator, law firms or professional regulatory bodies who are involved in the claim or complaint
- we may receive personal information from partners and service providers who work with us in the provision of our services to you
- Through cookies: we use a variety of cookies to perform different functions, including to welcome you back when you return to the website, helping us to provide a better, faster, and safer browsing experience and tracking your usage of our websites. More information relating to cookies can be found here.
In the course of your use of our websites, your application for membership, our provision of services and/or your involvement in a complaint/claim, we will obtain information about you. The types of information we collect depends the circumstances. Click more below to find out more about the types of information we collect in different circumstances.
Website Users: If you use our websites, we will normally only collect your IP address, information collected by our cookies and information that you otherwise provide to us in making use of website functionality (e.g. contact forms).
Potential or Actual Members: If you apply to us for membership, are a member or if you are not a member but we provide services to you, we collect the following information:
- your name, title, address, e-mail address, telephone and fax number(s)
- your age and date of birth
- information related to your occupation such as details of your specialty, professional practice and career history
- details relating to any claims or complaints against you, including from claimants, complainants or co-defendants, witnesses, experts, lawyers or advisors
- Special Category Information, as set out below
- any other information you may provide to us during your relationship with us, for our operational or business purposes, or which we require to provide you with MPS’s services
Claimants, complainants, co-defendants, witnesses or other persons connected to a claim or complaint against our members: We will receive information about you that others choose to tell us in order for us to provide advice, assistance or indemnity to our members (e.g. name, age, address, phone number, fax number, email address, details of the relevant claim/complaint, your role and acts or omissions with respect to that claim/complaint) and Special Category Information as set out below.
Special Category Information: As part of an actual/potential member’s application and/or membership (or if you are if you are a claimant, complainant or co-defendant or other person connected to a claim or complaint against our members), we may process information you or others provide about your criminal convictions and offences (including alleged offences), your health, race, ethnic origin, sex life, sexual orientation and trade union membership (“Special Category Information”). This happens where that information is relevant to your membership or to the provision of our services. For example, we deal with a very broad range of claims and complaints and claims/complaints histories. Claims or complaints may relate to alleged or actual offences, racial abuse or discrimination, sexual orientation discrimination or sexual relationships. We may also deal with your trade union when we offer you advice, assistance or indemnity.
We will ask actual/potential members separately for express consent to process your Special Category Information. They may withdraw consent to such processing by contacting us. If they do so, we may not be able to accept them as a member or provide them with the full benefit of our services. Where this is the case, this will be made clear (e.g. because a form cannot be submitted or because we will tell them that this is the case).
We use your personal information for the reasons set out in this privacy notice. Different legal bases for using your information apply depending on what category of personal information we process. We normally use personal information on the basis that it is necessary for the performance of a contract, our or a third parties’ legitimate interests or it is required or permitted by applicable law. Further information about this and Special Category Information processing grounds is set out below. Please click below to read more.
We process personal information (other than Special Category Information) about you on the basis that it is:
- necessary for the performance of a contract: if you are a current or former member, we will process your personal information in order to fulfil that contract (i.e. to provide you with membership, advice, indemnity and assistance) If you are not a member and we provide you with services, we will process your personal information in order to fulfil the contract for those services.
- in our or a third party's legitimate interests: details of those legitimate interests are set out in more detail below.
- where we are required to do so or it is otherwise permitted by law
- with your consent (e.g. for marketing)
We process Special Category Information about you on the basis that it is:
- necessary for the establishment, exercise or defence of legal claims (e.g. court claims or a medical or dental regulatory proceeding). In particular, we process Special Category Information about claimants, complainants or co-defendants on this basis.
- with your consent (which we will collect separately from actual/potential members, although they may withdraw any consent by contacting us [Note: link to contact page]. If they do so, we may not be able to accept them as a member or provide them with the full benefit of our services. Where this is the case, this will be made clear (e.g. because a form cannot be submitted or because we will tell them that this is the case).
- necessary for archiving, research and statistical purposes in the public interest (e.g. for the identification of clinical trends and practices in historic court claims, medical or dental regulatory proceedings and similar matters, such that we can promote better clinical risk management).
The legitimate interests for which we process personal information (other than Special Category Information) are:
- where you use our websites, in order to respond to any requests that you make via our websites and to analyse use of our websites and improve the content and function of our websites
- if you make a membership application: to assess your application and any future applications that you may make, and to communicate with you about it and the benefits of membership
- if you are a member:
- the administration and provision of membership services, the actual or potential provision of advice, assistance or indemnity, underwriting, risk assessment
- to administer our business and our third-party providers (e.g. to validate invoices from law firms we have instructed to assist us to advise you etc.)
- to investigate claims and complaints
- education, research and audit (e.g. to consider trends in complaints and claims to better understand the management of clinical risk)
- for the purposes of your membership renewal whilst your membership continues
- if you are a claimant, complainant, co-defendant, witness or other person connected to a claim or complaint against our members, to provide our services to members (including to assess and complete the actual or potential provision of advice, assistance or indemnity)
- to provide you with marketing as permitted by law
- to protect our rights, privacy, safety or property, or those of other persons
- in order to comply with laws and regulations that apply to us and the third parties with whom we work, and to exercise our rights and defend ourselves from claims
- in order to participate in, or be the subject of, any sale, merger or acquisition or all or part of MPS’s business
We may use your personal information to contact you about our products and services where we believe they may be of interest to you. We may deliver marketing communications to you by post or email.
We ask for your express consent to send you marketing information by post or email. You can update your marketing preferences at any time by contacting us or following the unsubscribe links in the emails we send.
We may use information obtained about you from “cookies” (text files which are sent to us by your computer, tablet, mobile phone, or other access device (referred to collectively as a "computer")) which we can access when you visit our websites in future. We do this to allow us to identify users and personalise the website wherever possible. For a list of the cookies we use please click read more.
The cookies store information about our visitors. This means that on future visits to our websites, we can identify past visitors and welcome them back, helping us to provide a better, faster, and safer browsing experience.
We may access cookies stored on your computer when you visit our websites in future. We are able to do this by including web beacons (also known as clear GIFS or web bugs) in our emails. Our web beacons do not store additional information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened emails from us and what pages you look at.
For a list of the cookies we use please click here.
Alternatively, please refer to the instructions for your file management software to locate the file or directory that stores cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information on deleting or controlling cookies is available at AboutCookies.org.
Please note that by refusing or deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our websites and you may not be able to use the full functionality of our websites.
When you visit our websites, we may also log your IP address, a unique identifier for your computer or other access device.
MPS recognises the importance of protecting individuals’ personal data and the responsibility we all have in ensuring the security of the data we hold. MPS has robust technical and organisational information security measures in place with guiding principles and responsibilities to protect the confidentiality, integrity and availability of the data we hold.
We share your information within the MPS Group, with those we work with in the course of providing membership, advice, assistance or indemnity (e.g. an employer, trade union, other professional defence organisations) and with others who help us provide services (e.g. lawyers, advisers, expert witnesses) or from whom we need information to handle or verify entitlements or handle claims or complaints. We also share your information in accordance with the law. For more information on who we share your information with. Click read more below.
We share your information for the purposes set out in this privacy notice, with the following categories of recipients:
- other members of the MPS Group, for example if a claim or complaint relates to a member’s practice or membership in Singapore, we will share the information with the local MPS company in Singapore
- our insurers
- (i) the Department of Health & Social Care, (ii) NHS Resolution, (iii) the Minister for Health & Social Services, Welsh Government and (iv) NHS Wales Shared Services Partnership – Legal & Risk Services ((i)-(iv) together, “Government”), where a legal claim falls within the scope of the existing liabilities schemes introduced on 1 April 2019 (“ELS”)
- third party suppliers who help us deliver services or who provide services to us (e.g. expert witnesses, lawyers, advisors, translators, etc. (together, “Suppliers”))
- Suppliers who provide services to the Government in relation to the ELS
- third parties, including the police and other law enforcement agencies in the exercise of their functions, where we have a duty to or are required by law or a court order to disclose your personal information
Where we share your personal information, appropriate protections will be in place as required by data protection laws.
MPS is an international organisation providing members with services in locations around the world and dealing with international organisations (e.g. experts, law firms). It also uses systems which may be hosted outside of your home country. Some jurisdictions to which your personal information is transferred may not offer the same level of data protection as your home country.
MPS implements measures to ensure that when your personal information is transferred internationally, it is subject to appropriate safeguards in accordance with data protection laws, often in contractual form. More information about these safeguards (including copies, where relevant) can be obtained by contacting us.
For further information on the legislation relevant to the transfer of information in the jurisdictions that we service, click read more below.
Countries to which personal information is transferred vary from time to time, but include the UK, Ireland, Australia, South Africa, Singapore, Hong Kong, New Zealand, Malaysia, the Caribbean and Bermuda.
The rules on data protection vary from country to country. We have set out below the names of the data protection laws in the primary jurisdictions in which we provide services, along with additional information about cross-border transfers that are relevant to members located in those countries.
- Australia: Privacy Act 1988 (Cth) (“APA”). For the purposes of Australia law and the APA, if you apply for membership of MPS your consent to the use of your personal information is obtained as part of your application. This consent also governs the use of your personal information if membership is granted. The terms of your consent are confirmed, and may be varied, as part of the renewal process.
- Hong Kong: The Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“Ordinance”). For the purposes of Hong Kong law and the Ordinance, if you apply for membership of MPS your consent to the use of your personal information is obtained as part of your application. This consent also governs the use of your personal information if membership is granted. The terms of your consent are confirmed, and may be varied, as part of the renewal process.
- Ireland: The General Data Protection Regulation (EU) 2016/679. MPS may transfer your information outside of the European Economic Area (“EEA”) in accordance with applicable data protection laws. Not all countries outside of the EEA have data protection laws that are similar to those in the EEA and they may not be regarded by the European Commission as providing an adequate level of data protection. Where this is the case, MPS puts in place additional safeguards in accordance with applicable law.
- South Africa: The Protection of Personal Information Act 4 of 2013 (“POPIA”). For the purposes of South African law and POPIA, if you apply for membership of MPS your consent to the use of your personal information is obtained as part of your application. This consent also governs the use of your personal information if membership is granted. The terms of your consent are confirmed, and may be varied, as part of the renewal process.
- Singapore: The Personal Data Protection Act 2012 (“SPDPA”). For the purposes of Singaporean law and the SPDPA:
- if you apply for membership of MPS your consent to the use of your personal information is obtained as part of your application. This consent also governs the use of your personal information if membership is granted. The terms of your consent are confirmed, and may be varied, as part of the renewal process.
- the UK has a standard of protection of personal information comparable to the protection under the PDPA. A summary of the regulatory regime governing data protection in the UK may be found at ico.org.uk/for-the-public.
- New Zealand: The New Zealand Privacy Act 2020 (“NZPA”). For the purposes of New Zealand law and the NZPA, if you apply for membership of MPS your consent to the use of your personal information is obtained as part of your application. This consent also governs the use of your personal information if membership is granted. The terms of your consent are confirmed, and may be varied, as part of the renewal process.
- Malaysia: The Personal Data Protection Act 2010 (“MPDPA”). For the purposes of Malaysia and the MPDPA, if you apply for membership of MPS your consent to the use of your personal information is obtained as part of your application. This consent also governs the use of your personal information if membership is granted. The terms of your consent are confirmed, and may be varied, as part of the renewal process.
- UK: The UK Data Protection Act 2018 (and the UK GDPR (as defined in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018). MPs may transfer your information outside of the UK in accordance with UK data protection law. Not all countries outside of the UK have data protection laws that are similar to those in the UK and they may not be regarded by the Information Commissioner’s Office as providing an adequate level of data protection. Where this is the case, MPS puts in place additional safeguards in accordance with UK law.
We retain your information in accordance with time periods and criteria that reflect our reasonable needs to retain information. Click read more for further information.
We set out below the general retention periods that apply to the personal information we hold. These periods may sometimes be extended where recommended by a regulator, prescribed by law or required in order for us to exercise our rights or defend ourselves from claims.
For example, if you make a claim against us or we are subject to a litigation hold request, we will retain information until that claim has been fully settled or hold request been satisfied and any relevant limitation periods have expired.
- If you are a visitor to our websites: we retain this information whilst you are viewing our websites and for a reasonable period afterwards, taking into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.
- If you apply for membership: we retain your information for a period of 7 years after an application for membership is rejected by us or withdrawn by you.
- If you are a member: we retain your information during your membership and for a period of 25 years after your membership terminates. This is because, under the MPS Memorandum & Articles of Association, even after your membership ceases you may still retain the right to request assistance with matters that occurred during your membership.
- If you are involved in a claim or complaint against an MPS member or former member, as claimant, complainant or co-defendant, or as a witness, expert, lawyer or advisor: we retain your personal information for duration of the claim or complaint and for a period of 7 years after a claim or complaint has been resolved.
You have legal rights to access your information and ask us to rectify, erase and restrict use of your information. You also have rights to object to the use of your information (including for marketing purposes), to ask for the transfer of information you have made available to us, and to withdraw consent to the use of your information. For further information on your rights click read more.
- The right to obtain a copy of any of your personal information which we hold
- The right to request that we correct any of your personal information
- The right to request that we delete your personal information
- The right to request a restriction is placed on the processing of your personal information
- The right to object to the processing of your personal information, including the right to object to marketing
- The right to ask for personal information you have made available to us to be transferred to you or a third party in machine-readable formats
- The right to withdraw any consent you have given us to the processing of your personal information
- The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you or similarly significantly affects you.
These rights are not absolute: they do not always apply and exemptions may be engaged. Please note that, before we are able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and to provide other details to help us identify you and respond to your request. If we do not comply with your request, we will explain why.
You may contact our Data Protection Officer, David Wheeler, with any comments, complaints or suggestions in relation to the way we handle personal information. You have the right to complain to your local regulator if you are not satisfied with how we handle your personal information. For contact details click read more.
If you have any questions about the way we use your information, if you wish to exercise any of your legal rights in respect of, or if you have complaints about, the use of your information please contact MPS’ Data Protection Officer at: DPO@medicalprotection.org; or at Data Protection Officer, The Medical Protection Society Limited, Level 19, The Shard, 32 London Bridge Street, London SE1 9SG.
You have the right to lodge a complaint with the Information Commissioner and (if applicable) with your local privacy regulator. You can contact the Information Commissioner at:
Information Commissioner's Office
Tel: 0303 123 1113
If you are in Australia, you can contact the Office of the Australian Information Commissioner here.
If you are in Hong Kong, you can contact the Office of the Privacy Commissioner for Personal Data, Hong Kong here.
If you are in Ireland, you can contact the Data Protection Commission here.
If you are in South Africa, you can contact the Information Regulator here.
If you are in Singapore, you can contact the Personal Data Protection Commission here.
If you are in New Zealand, you can contact the Privacy Commissioner here.
If you are in Malaysia, you can contact the Personal Data Protection Department here.
Updating this privacy notice
As we strive for continuous improvement in our services and processes, we will update this privacy notice from time to time to reflect our business activities and will show the latest version of it on our website. We will provide you with notice of any significant updates in accordance with data protection laws.
Last updated: October 2022