Q1 - What is this?
It is a privacy notice. It tells you, in general terms, whether I hold or will hold personal data about you, what it is, or is likely to be, and what I am going to do with it, in accordance with the General Data Protection Regulation (“GDPR”).
Q2 - What is the GDPR?
It is an EU directive which says how, if you are an individual, your personal data is to be used and what rights you have in connection with it.
Q3 - How do I know if you are going to hold/process my personal data?
I may hold data about you if:
a You are a party to a case in which I am instructed, or
b You are a solicitor, barrister, expert witness, witness of fact, costs draughtsman, or costs lawyer in a case in which I am instructed.
Q4 - What is processing?
The definition of processing includes anything done to data including but not limited to holding, storing or erasing data. That means that I “process” data simply by receiving it.
Q5 - Why will you hold/process it?
I may hold it, depending on the circumstances, under Art 6(1)(b) and/or (c) and/or d) and/or (f) and/or Art 9(2)(f) of GDPR. In particular, I will hold or process it for the purposes of litigation and/or legitimate interests. In other words, it is necessary in order for me to provide legal, mediation and other services (usually contractual ones) to my client(s), such as:
a Helping a professional or lay client in the establishment, exercise, or defence of legal claims and/or
b Giving legal advice as to the rights and/or obligations of a client or the merits of a case.
c Complying with my professional duty, as a lawyer, to my professional or lay client, and to the court. That duty includes furthering the just and proportionate conduct of litigation in accordance with the overriding objective [Civil Procedure Rule 1]. This duty is imposed on all parties to litigation and their lawyers and experts.
d Assisting my professional and lay clients in complying with their own duties to the court.
e Assisting my client at or in connection with a mediation.
f Conducting a mediation as a mediator.
g Training a pupil. Any such pupil will also be required to keep it confidential. If you are my client and you do not want me to show information to my pupil, you must tell me that you object.
h Furthering the public interest, eg providing pro bono services via the Bar Pro Bono Unit
i Complying with my legal obligations to my professional body, regulator or ombudsmen or Government Authority such as HMRC.
j Finally, documents may be kept or retained where a case is not yet concluded, or where costs remain to be assessed, or for potential or actual complaints, disputes or litigation, or where my fees remain unpaid.
Q6 - Who will you share it with?
Most personal data I receive or generate in the course of professional services will be either confidential or covered by legal professional privilege.
However, as a lawyer, I may need to share your data, in certain circumstances, for instance, in the circumstances set out in the answer to the last question. Examples of persons with whom I may have to share the data include:
a Courts or dispute resolution tribunals or dispute resolution practitioners.
b Solicitors or agents of a party who instructs me.
c Actual or potential witnesses (expert or factual).
d Other persons involved in a case, including solicitors and barristers.
e Ombudsmen, regulators or the ICO.
f Education and examining bodies.
g Current, past or prospective employers.
h Ministry of Justice officials.
i Inland Revenue officials or other government authorities with the legal right to see documents relating to my work.
j Persons providing me with IT support services.
I will not knowingly share data which is covered by legal professional or other privilege, or where my professional obligations prohibit me from doing so, unless required to do so by a court or the rules of court.
Q7 - So you won’t be selling my personal data to third parties?
I will not sell your data to anyone.
Q8 - Will you share my data with third parties for marketing purposes?
I will not, for marketing purposes, share any data that is not already in the public domain.
Q9 - Will any of my data be sensitive?
In some cases, I may receive data which is within the “special categories” of Art 9(1) of GDPR. Such data may include, for example, data revealing your race, ethnicity, sexual preferences, political or religious belief, health or trade union membership or criminal convictions. However, it will be processed only where necessary to carry out one or more of the objectives set out in Q5 above.
Q10 - How long will you hold my data?
I will hold it only as long as is necessary. What is necessary will depend largely on the duration of one or more of the matters set out under Q5. In particular, the Bar Code of Conduct requires me to retain records of my cases and HMRC will require me to retain them for no less than 6 years after they conclude. I may also need to retain documents where necessary for:
a The purpose of legitimate interests (Art 6(1)(f) that are not outweighed by your interests or fundamental rights and freedoms or
b To enable me to comply with a legal obligation (Art 6(1)(c)).
Once a case has concluded and my fees have been paid, I shall retain documents:
a To comply with my legal and professional obligations to keep records of my cases.
b For defence in respect of potential complaints or other legal disputes.
c To refer back to in future case raising similar legal, procedural or factual issues.
d To check possible conflicts of interest in other cases.
Q11 - What rights do I have?
If you are a data subject you may ask me to confirm that I am processing your personal data and ask for details about the personal data, the source, the processing, the purposes of processing, recipients, and retention period.
You may, in some circumstances, be able to ask for it to erased or corrected.
There is also a modified right to ask for personal data to be simply stored. This may be:
a As an alternative to deletion.
b So that it can be corrected.
c For the establishment, exercise or defence of legal claims.
d To ascertain whether a legitimate ground for retaining it exists.
However, where processing is necessary for the establishment, exercise or defence of legal claims, the rights to erase or correct will not apply.
If you ask for your personal data to be corrected, restricted or erased, and you ask that and your request is not overridden by another consideration(e.g., my duty of confidentiality to my own client or the court or professional body, or HMRC), then I shall try to contact the recipients of personal data, unless it involves disproportionate effort.
Further, if the material is also covered by legal professional privilege, then it is expected at the time of drafting that the Bill when enacted will exempt material covered by legal professional privilege.
Q12 – Will you keep my personal data secure?
I take appropriate steps to safeguard your personal data to prevent accidental loss, unauthorized access or use. Eloquent Technologies provide the following systems for Clerksroom barristers:
• Office 365
• Hosted servers
Office 365 is provided in only UK data centres and all of these data centres are ISO27001 compliant.
Q13 - Will you transfer data to third countries?
I do not intend to. However, you should be aware that, like most commercial entities and the judiciary (and probably the whole of the government) my chambers uses Microsoft software. We use Office 365, the same as is used by the Judiciary. You probably use the same or similar software yourself. Microsoft Office 365 contains a clause, in its standard terms and conditions, allowing Microsoft to transfer any data it has processed to the USA. Accordingly, anyone using such software must assume that any data sent, received or created using it, can be, and may be, sent to the USA.
Q14 – Complaints or Questions?
You can send questions about this notice or about how I use your personal data to email@example.com or to my clerks at firstname.lastname@example.org or telephone 01823 247 247. I shall try to respond as soon as possible and within 30 days. Please bear in mind, however, that my court commitments may delay my ability to respond.
You have a right to complain to the Information Commissioner’s Office (“ICO”) if you believe I have not handled your request in an appropriate manner. Information on the ICO can be found at https://ico.org.uk/global.contact-us/