Privacy Notice

Please read the following information carefully. This privacy notice explains what information I collect, store and otherwise process about you, the reasons for the processing, my legal basis for processing the information, how long I keep it and your rights.

 

Data Controller

I collect, use and I am responsible for personal information about you. When I do this I am the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018.

 

Contact Details

My registered address is:

Queen Square Chambers
56 Queen Square
Bristol
BS1 4PR

T: 01179 211 966

 

Data Collection

In order to provide my services I collect some or all of the following personal information that you provide:

  • Name, address, phone number and email address;
  • A record of the information that is provided to me, including any data on gender, ethnicity, religious, philosophical or other beliefs, political views, trade union membership, sex life, sexuality or genetic/biometric information and any data revealing your physical or mental health;
  • Family details, lifestyle and social circumstances;
  • Financial and bank details;
  • Education, training and employment details and history;
  • Criminal proceedings, outcomes and sentences, and related security measures;
  • A record of any complaints / compliments made by you and the action taken in respect of any such complaint / compliments;
  • Other personal data relevant to your instructions to provide legal services, including data specific to the instructions in question.

 

Information collected from other sources

The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers.

 

How I use your personal information

I process personal data about you in order to provide an effective and high-quality service, to fulfil my legal obligations and where it is a legitimate activity. I will process your data:

  • To provide legal services, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations;
  • To use material in the course of proceedings, whether by service on opposing parties, filing in court, or otherwise;
  • For the purposes of conflict-checking;
  • To keep a record of our relationship;
  • To send you correspondence and communicate with you;
  • For use in responding to and defending potential complaints, legal or regulatory proceedings or fee disputes;
  • To keep accounting records and carry out office administration;
  • To promote and market my services;
  • To carry out anti-money laundering and terrorist financing checks;
  • To train other barristers and when providing work-shadowing opportunities;
  • When procuring goods and services;
  • To publish legal judgments and decisions of courts and tribunals;
  • To communicate with you about news, updates and events;
  • To meet my legal obligations;
  • As required or permitted by law.

 

Whether information has to be provided by you, and why

If I have been instructed by you, or on your behalf, to provide legal services your personal information has to be provided to enable me to provide you with advice or representation, and to enable me to comply with my professional obligations, and to keep accounting records.

 

The legal basis for processing your personal information

By law, I need a legal basis for processing your personal data. I will process your data using the legal basis of consent, contract, legal obligation and legitimate interests.

 

Consent

Consent is given where I ask you for permission to use your information in a specific way and you agree to this. Where I use your information for a purpose based on consent, you have the right to withdraw consent for this purpose at any time.

I will process the following personal data with your consent:

  • Name, address, phone number and, email address;
  • Your instructions;
  • A record of the information that is provided to me, including any data on ethnicity, religious beliefs, political views, trade union membership, sex life or sexuality or genetic/biometric information and any data revealing your physical or mental health;
  • Any criminal convictions or offenses, including cautions;
  • Complaints/compliments made by you and the action taken in respect of any such complaints/compliments.

 

Contract

If you are a client, processing is necessary for the performance of the contract for legal services or in order to take steps at your request prior to entering into a contract.

I will process the following personal data because I have a contract with you and I will not be able to carry out your instructions and represent you without the data:

  • Name, address, phone number and, email address;
  • Your instructions;
  • A record of the information that is provided to me, including any data on ethnicity, religious beliefs, political views, trade union membership, sex life or sexuality or genetic/biometric information and any data revealing your physical or mental health;
  • Any criminal convictions or offenses, including cautions.

 

Legal Obligation

In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).

For example I will need to store your records for a minimum of 7 years in order to comply with rC129 of the Bar Standards Board Code of Conduct.

 

Legitimate Interest

I have a basis to use your personal information if it is reasonably necessary for me to do so and in my “legitimate interests” (provided that what the information is used for is fair and does not unduly impact your rights).

For example, I have a legitimate interest to keep your personal data on my systems in order to keep it secure, process it, to provide you with a service and for the purposes of carrying out conflict checks.

I only rely on legitimate interests where I have considered any potential impact on you, whether or not my processing is excessive and that my processing does not override your rights.

I process the following data because I have a legitimate interest in processing this data:

  • Name, address, phone, number, email;
  • Your instructions;
  • Financial and bank details;
  • A record of the information that is provided to me, including any data on ethnicity, religious beliefs, political views, trade union membership, sex life or sexuality or genetic/biometric information and any data revealing your physical or mental health;
  • The IP address and the MAC address, and related data when you visit my website including your browser type and settings and cookie data;
  • Complaints/compliments made by you and the action taken in respect of any such complain/compliments.

 

SPECIAL CATEGORIES OF PERSONAL DATA AND CRIMINAL CONVICTIONS/OFFENCES

Special categories of personal data are data revealing health, ethnicity, religious beliefs, political views, trade union membership, and sex life or sexuality or genetic/biometric information.

I process special categories of data with your explicit consent and where it is necessary for the establishment, exercise or defence of legal claims.

I process personal data relating to criminal convictions and offences as it is authorised by UK law and I have the appropriate safeguards in place.

 

Who will I share your information with?

If you are a client, some of the information you provide may be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a barrister I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.

However it may be necessary to share your information with the following:

  • Data processors, such as my Chambers staff and IT support staff;
  • My software, email and data storage providers;
  • Other legal professionals;
  • Experts and other witnesses;
  • Prosecution authorities;
  • Courts and tribunals;
  • Trainee barristers;
  • In the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman;
  • Other regulatory authorities;
  • Current, past or prospective employers;
  • Education and examining bodies;
  • Business associates, professional advisers and trade bodies, e.g. the Bar Council;
  • The intended recipient, where you have asked me to provide a reference;
  • The general public in relation to the publication of legal judgments and decisions of courts and tribunals;
  • Any other party where I ask you and you consent to the sharing.

I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that they may lawfully disclose your information for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.

I may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

 

Transfer of your information outside the European Economic Area (EEA)

Where I transfer your data to third parties outside of the EU or EEA, I will ensure that your data is appropriately secured.

If you would like any further information please use the contact details at the end of this document.

 

How long will I store your personal data?

I will normally store all your information:

  • Until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years), from the date of the last item of work carried out, the date of the last payment received or the date on which all outstanding payments are written off, whichever is the latest. This is because it may be needed for potential legal proceedings. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion.
  • I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited to your name and contact details and the name of the case.
  • Names and contact details held for marketing purposes will be stored indefinitely or until I become informed that you no longer wish to receive marketing materials from me.

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:

  • Ask for access to your personal information and other supplementary information;
  • Ask for correction of mistakes in your data or to complete missing information I hold on you;
  • Ask for your personal information to be erased, in certain circumstances;
  • Receive a copy of the personal information you have provided to me or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine readable format, e.g. a Word file;
  • Object at any time to processing of your personal information for direct marketing;
  • Object in certain other situations to the continued processing of your personal information;
  • Restrict my processing of your personal information in certain circumstances;
  • Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way.

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual’s rights under the GDPR.

If you want to exercise any of these rights, please:

  • Use the contact details at the end of this document;
  • I may need to ask you to provide other information so that you can be identified;
  • Please provide a contact address so that you can be contacted to request further information to verify your identity;
  • Provide proof of your identity and address;
  • State the right or rights that you wish to exercise.

I will respond to you within one month from when I receive your request.

 

Marketing Emails

Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by following the instructions in those messages.

 

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at ico.org.uk/concerns/.

 

Contact Details

If you have any questions about this privacy notice or the information I hold about you, please contact me 01179 211 966 or 07595 602266.

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