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 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, how it is used and shared, and your rights regarding it. If you have any queries about how I collect and hold your personal information, 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 [“Chambers”] and my registration number is ZA321323.
The information that I hold about you is provided to or gathered by me in the course of your case, most often by your solicitor. Your solicitor will tell you why I need the information and how I will use it.
The data I collect and process comprises both personal data and special categories of personal data as defined in the General Data Protection Regulation [“GDPR”], which may include but are not limited to:
- Email and telephone number;
- Bank details or financial information;
- Date of birth;
- Employment records;
- Social services involvement;
- Medical records;
- Criminal records;
- Allegations made against the data subject;
- Racial or ethnic origin;
- Political opinions;
- Religious or philosophical beliefs;
- Trade Union membership;
- Data concerning sex life and sexual orientation;
- Genetic data or biometric data.
The “Lawful Bases” for processing information under the GDPR
The 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 my business as a barrister, 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.
My Lawful Bases for processing the personal data of my clients include the following:
- The data subject, as my client, has consented;
- To perform a contract with the data subject, namely a contract for the provision of legal services, or in order to take steps at the request of the data subject prior to entering into such a contract;
- Compliance with a legal obligation; and/or
- The legitimate interests of my business as a barrister, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
As regards the latter, the “legitimate interests” include:
- The internal administration of my business (for example, the receipt of personal information by my clerks in order to manage my diary);
- Keeping records in relation to the services I provide (for example, in order to provide information to you, your legal team, a professional body, my professional indemnity insurer, or the ICO, in the event of a problem with the services I provide);
- Ensuring network and information security, including
preventing unauthorised access;
- Preventing fraud and reporting possible criminal acts or threats to public security;
- Providing training (see further below).
In addition, I process the personal data of third parties, including the other parties to my clients’ disputes and witnesses. Where I do so, my lawful basis for processing any third party’s information provided to me in relation to a client’s case is that the processing is necessary for compliance with a legal obligation to which I am subject, namely the obligation to provide legal services under the contract with the client.
I therefore use personal information to:
- Provide legal advice and representation;
- Investigate and address any concerns you as the data subject and/or my client may have;
- Comply with my legal obligations; and
- Assist in training pupils and mini-pupils.
I do not use automated decision-making in the processing of your personal data.
SHARING PERSONAL DATA
I may share your personal data with:
- Instructing solicitors;
- Pupils or mini pupils, under my training (see further below);
- Opposing Counsel, for the purposes of resolving the case;
- My Chambers management and staff who provide administrative services;
- My regulator, legal advisors, professional indemnity insurer, or ICO, in the event of a dispute or other legal matter;
- Law enforcement officials, government authorities, or other third parties as required to meet my legal obligations;
- Judges and court staff;
- Witnesses and expert witnesses;
- Anyone ancillary to actual or potential proceedings;
- Any other party where I ask you and you consent to the sharing.
Pupil barristers and mini pupils are made aware that they are under a strict duty of confidentiality in relation to any information they come across in the course of their training. I will always do my utmost to ensure the confidentiality of your personal information and will share with the pupil or mini pupil only the minimum amount of information necessary to provide training. Please inform me by email or post if you would prefer your case not to be used by me for training purposes and I will of course not use it in that way.
Transfers to third countries and international organisations
I do not transfer any personal data to third countries or international organisations.
Retention and disposal
I retain clients’ and third parties’ personal data whilst proceedings are ongoing unless the data subject asks 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 the data subject’s request unless:
- There is an unresolved issue, such as claim or dispute;
- I am legally required to retain it; or
- There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.
The rights of the data subject
The GDPR gives the data subject specific rights in relation to their personal data. For example, they have to be informed about the information I hold and what I use it for, can ask for a copy of the personal information I hold about them, can ask me to correct any inaccuracies in the personal data I hold, can ask me or Chambers to stop sending you direct mail or emails, or in some circumstances may ask me to stop processing their details. Finally, if I do something irregular or improper with the personal data the data subject can seek compensation for any distress caused or loss incurred. You can find out more information on 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 your information.
Accessing and correcting information
Data subjects may request access to, correction of, or a copy of their personal information by contacting me in writing:
- By email (available from my clerks);
- By post (Temple Garden Chambers, 1 Harcourt Buildings, Temple,
London EC4Y 9DA).
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
I will occasionally update my Privacy Notice; as and when I do so, I will publish the updated Privacy Notice on my website profile.