Privacy Notice

This document describes the information that Kathryn Howarth, in her professional capacity as a barrister, collects about data subjects, how it is used and shared, and the data subjects’ rights regarding it.

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to advise and 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 and hold about you, how it is used and shared, and your rights regarding information.

DATA CONTROLLER

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 EC4Y 9DA  and my registration number is ZA213605.

DATA COLLECTION

The vast majority of the information that I hold about you is provided to or gathered by your legal team in the course of your case and/or proceedings. Your solicitor will tell you why we need the information and how we will use it.

THE 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 is 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 can include any of the above as appropriate, but will generally be consent and/or performance or facilitation of the contract for the provision of legal services to you.

I have another Lawful Basis for processing your information (and that of any third party).  That is for the legitimate interests of my business as a barrister.

I WILL USE YOUR INFORMATION TO:

• Provide legal advice and representation
• Assist in training pupils and mini-pupils
• Investigate and address your concerns
• Communicate with you about news, updates and events
• Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law
• Make statutory returns as required by HMRC

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:

CLIENT DATA

• Name;
• Email;
• Phone number;
• Address;
• Payment or bank details;
• Date of birth;
• Location details;
• Device IP address;
• Financial information;
• Medical Records;
• Employment Records;
• Social Security Records;
• Criminal Records.

I MAY SHARE YOUR PERSONAL DATA WITH:

• Instructing solicitors
• Pupils or mini pupils, 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
• Experts or witnesses involved in legal proceedings in respect of which you instruct me.

TRANSFERS TO THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS

I do not transfer any personal data to third countries or international organisations.

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 or a reasonable prospect of such a claim or dispute;
• I am legally required not to do so; or
• There are overriding legitimate business interests, including but not limited to my obligation to keep records in case of future complaint or claim against me, fraud prevention and protecting customers’ safety and security.

YOUR RIGHTS

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 at Temple Garden Chambers.

MARKETING OPT-OUTS

You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

COOKIES

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website may use cookies to:

• Validate users;
• Remember user preferences and settings;
• Determine frequency of accessing our content;
• Measure the effectiveness of advertising campaigns; and
• Analyse site visits and trends.

I will occasionally update my Privacy Notice. When I make significant changes, I will publish the updated Notice on my Chambers website.