Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I might also need to collect and hold the personal information of third parties.
I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you (or third parties), how it is used and shared, and your rights regarding it.
I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers Ltd, 2 Harcourt Buildings, London, EC4Y 9DA and my registration number is Z960062.
All the information that I hold about you is provided to or gathered by me in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it.
Our Lawful Basis for processing your information
The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:
- Consent of the data subject
- Performance of a contract with the data subject or to take steps to enter into a contract
- Compliance with a legal obligation
- To protect the vital interests of a data subject or another person
- Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
Examples of legitimate interests include:
- Where the data subject is a client or in the service of the controller;
- Transmission within a group of undertakings for internal administrative purposes;
- Processing necessary to ensure network and information security, including preventing unauthorised access;
- Processing for direct marketing purposes, or to prevent fraud; and
- Reporting possible criminal acts or threats to public security.
Our Lawful Basis for processing your information is that the processing is necessary for the performance of a contract to which you (the “data subject”) are party or in order to take steps at the request of the data subject prior to entering into a contract.
(The “contract” here is the contract for the provision of legal services to you, the data subject.)
Our lawful basis for processing any third party’s information is that processing is necessary for compliance with a legal obligation to which I as data controller am subject, namely the obligation to provide legal services under the contract with you.
(A “third party” is another person – whether the other party in the dispute or someone else whose information is relevant, such as a witness to the event in question).
Our lawful basis for processing any special categories of personal data (yours or a third party’s sensitive personal data, eg. medical records) is that the processing is necessary for the establishment, exercise or defence of legal claims.
I use your information to:
- Provide legal advice and representation;
- Investigate and address your concerns;
- Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law;
I do not use automated decision-making in the processing of your personal data.
I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:
- Phone number;
- Payment or bank details;
- Date of birth;
- Location details;
- Device IP address;
- Financial information
- Medical Records
- Criminal Records
- Employment / Occupational Health Records
I may share your personal data with:
- My Instructing solicitors
- Pupil or mini pupil, under my training
- Opposing Counsel, for the purposes of resolving the case
- My Chambers management and staff who provide administrative services
- My regulator or legal advisors in the event of a dispute or other legal matter;
- Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
- Any other party where I ask you and you consent to the sharing.
- If you instruct me as one lawyer on a team of lawyers (for example in relation to an international criminal law case), I may share data with the other lawyers who are instructed by you.
Transfers to third countries and international organisations
In relation to my national practice, I do not transfer any personal data to third countries or international organisations.
In relation to my international practice, I may transfer personal data to the following third countries or international organisations (using the safeguards identified below) because the international criminal courts and tribunals primarily operate in the Hague and it is therefore necessary for me to file motions and documents in the Netherlands. In the course of international practice, I may also need to share documents with other members of an international team of lawyers.
1. The Netherlands
When I work at an International Court or Tribunal, I am required to use the IT systems made available by that Court or Tribunal. I am satisfied that they comply with my data protection obligations.
In relation to international cases only, I occasionally use Tresorit to share documents with colleagues instructed on the same case. I am satisfied that the data does not leave the EEA and that Tresorit complies with best international practice in relation to data protection.
I am satisfied that such transferred data is fully protected and safeguarded as required by the General Data Protection Regulation.
I retain your personal data while you remain my client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:
- There is an unresolved issue, such as claim or dispute;
- I am legally required to; or
- There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.
The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing and Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me at firstname.lastname@example.org or writing to me at Temple Garden Chambers, 2 Harcourt Buildings, London, EC4Y 9DA..
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
- See how often you access our website;
- Remember user preferences and settings
I will occasionally update my Privacy Notice
When I make significant changes, I will do my best to notify you of these by email. I will also publish the updated Notice on my website profile.