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 personal information of third parties.
I will take all possible steps to protect personal information. I am determined to do nothing that would infringe your rights or undermine trust.
This Privacy Notice describes the information I collect, how it is used and shared, and your rights regarding it. If you have any questions about how I collect and hold your personal information as your barrister, please do not hesitate to contact me by email or through my clerks.
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, 1 Harcourt Buildings, Temple, London EC4Y 9DA and my registration number is Z3125280.
The information that I hold about you is provided to or gathered by you or your legal team in the course of your case. Your solicitor (should you have one) will tell you why we need the information and how we will use it.
The Lawful Bases for processing personal information under the GDPR
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
- 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.
Some personal data is especially sensitive, so falls into special categories of personal data which require other lawful bases for processing. Medical records are in one special category of data. The special categories are data revealing:
- Racial or ethnic origin;
- Political opinions;
- Religious or philosophical beliefs;
- Trade Union membership;
- Data concerning health or sex life and sexual orientation;
- Genetic data or biometric data.
My Lawful Bases for processing your personal information
My main 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.)
I have another Lawful Basis for processing your information (and that of any third party – see below). That is for the legitimate interests of my business as a barrister.
Among those legitimate interests, for example, are:
The administration of my business (eg. my clerks receiving information from your solicitor in relation to the case and making sure that all the information I need, eg. about hearings, is passed on to me);
To keep records in relation to the services I provide (just in case, for example, there is a problem with those services and I need to provide information to you, to a professional body or to my professional indemnity insurer);
To provide training. Trainees (pupil barristers and “mini-pupils” on short placements in chambers) are made aware of the strict duties of confidentiality applicable to legal work. I will always do my utmost to ensure the confidentiality of your personal information and will share with the trainee only the minimum amount of information necessary to provide such training (and will, if I can, avoid sharing any personal information at all with the trainee). But please do tell me (by email or in writing by post) if you would prefer that your case not be used by me for training purposes and I will not use it in that way.
My lawful basis for processing any third party’s information provided to me in relation to your case is that processing is necessary for compliance with a legal obligation to which I as 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).
My 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.
So I use personal information carefully:
- To provide you with legal advice and representation;
- To manage efficiently the work I do for you;
- To investigate and address any concerns you might have; and
- To train future barristers.
Automated Decision Making
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, for example, the following client data:
Payment or bank details; Date of birth;
I may share your personal data with: Instructing solicitors; Opposing Counsel, for the purposes of resolving the case; My Chambers management and staff who provide administrative services; Pupil or mini-pupil, under my training or that of another member of my chambers; My regulator or legal advisors in the event of a dispute or other legal matter; Law enforcement officials, government authorities, or other third parties, if
necessary to meet our legal obligations; Any other party where I ask you and you consent to the sharing.
Transfers to third countries and international organisations
I do not transfer any personal data to third countries or international organisations, unless you or your solicitor is located in a third country and/or I am asked to do by you or your solicitor.
I retain your personal data while you remain a 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 not to do so; or
- There are overriding legitimate business interests, including but not
limited to my obligations to keep records in case of future complaint or claim against me, 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 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 in writing, please:
- By email (available from my clerks)
- By post, at Temple Garden Chambers, 1 Harcourt Buildings, Temple,
London EC4Y 9DA
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I will occasionally update my Privacy Notice. I will publish the updated Notice on my website profile.