Melissa Stock

Melissa Stock

BA (Hons), MA, CIPP/E
Membership Status: Barrister - Associate Member Qualified in 2012 Public Access Accredited BSB Guidance for Public Access

Profile

General Information

Melissa Stock is an associate member of Clerksroom & Hatton Chambers.

  • Email: mstock@hattonchambers.com
  • Website: www.hattonchambers.com
  • Telephone: 0203 633 1000
  • Clerks: admin@hattonchambers.com 

 

Melissa specialises in privacy, data protection and information law. She is certified by the International Association of Privacy Professionals as an Information Privacy Professional in European Data Law (CIPP/E). Prior to becoming a barrister, she spent a number of years working as a news journalist in London and Moscow. As a result, she has considerable communication skills and brings a wealth of experience from her former career.

Melissa represents individuals, companies, and organisations in all areas of privacy litigation and regulation, including claims relating to privacy, confidence, defamation, data protection, freedom of information, harassment, contempt, and reporting restrictions. She maintains the blog:  www.privacylawbarrister.com 

 

Information/Privacy Law

• Advises on the merits of claims in libel, harassment, misuse of confidential information, breach of confidence, Freedom of Information (FOI), or Article 8;
• Advises on FOI subject access requests;
• Drafts of statements of case for such claims; and,
• Drafts pre-action protocol compliant letters for claims.

 

Data Protection Law


• Reviews and amends data processor agreements, privacy notices, and other contracts to ensure
compliance;
• Evaluates businesses data processes and policies;
• Advises and assesses the legal bases for processing;
• Advises on particular issues related to the GDPR, e-Privacy Regulation and other European Data Protection Law;
• Provides tailored presentations to companies or departments on specific data, or privacy, topics and issues.

 

Human Rights

Melissa often advises on Article 8 ECHR and Article 10 ECHR in relation to privacy cases, and other Convention rights that arise in common law claims. She was part of the Ministry of Defence's Kenya Emergency Litigation Team and assisted in claims arising out of the Iraq War.

In 2010, she was an intern at the International Criminal Court for the Office of the Prosecutor, working on the prosecution of Kenyan government officials in relation to post-election violence. She has also undertaken a considerable amount of international pro bono work in cases involving political prisoners, torture, freedom of speech, election transparency, and human rights abuses.

 

Melissa is public access accredited and can be instructed directly by members of the public and companies in suitable cases.

 

Education & Qualifications

IAPP Certified Information Privacy Professional in European Data Law 'CIPP/E'

BA Economic Studies, University of Manchester (First Class Honours)

MA International Conflict Studies, Kings College London (Merit)

Bar Professional Training Course, BPP London (Outstanding)

 

Academic Awards & Prizes

Lincoln’s Inn Lord Denning Scholar

Buchanan Prize

 

Memberships

The International Association of Privacy Professionals

Human Rights Lawyers Association

Advocates for International Development

Bar Pro Bono Unit

The Honourable Society of Lincoln's Inn

 

 

Testimonials

Testimonials

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

The Bar Standards Board regulates barristers and specialised legal services businesses in England and Wales, and would like to ask you about the information you found on your legal services provider’s website. Your response will help to inform future changes in this area. 

This survey should take 5-10 minutes to complete. Your responses will be kept anonymous and confidential, not shared with your legal services provider and only used for research purposes.

If you complete this survey and provide the Bar Standards Board with your e-mail address, you will be entered into a prize draw to win a £100 Amazon voucher.

Privacy Notice

PRIVACY NOTICE

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Melissa Stock, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

 

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

 

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

 

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: stock@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

Can't find what you are looking for or prefer to talk?

Barristers: 01823 247 247 Mediators: 01823 704 099