CHAMBERS PRIVACY NOTICE

Chambers Data Protection Policy.

Chambers and individual members are committed to protecting your personal data and information. If you have any questions or queries regarding your data and the processing of it, you may use the chambers contact details below. When you contact chambers or individual members of chambers for the purposes of using the services of the members of chambers, we understand that you are trusting us with your personal data and information. Chambers collects and processes certain personal and sensitive data/information in order to provide legal and ancillary services to its clients and other parties and to maintain records and comply with regulatory requirements.

This Privacy notice sets out what personal information or data is collected, stored, and processed and the reasons for such processing by chambers and its members, the legal basis for collecting and processing it, and what rights you have regarding your data/information. This notice applies to all information/data collected through the use of our services and enquiries about our services, whether through the website, via telephone, in person contact and electronic communications. Each Individual member of chambers may additionally have independent privacy notices which can be found on the individual members web pages.

Further if data collected is shared, transferred, or otherwise processed by chambers the notice will describe how this personal data is used. The notice will also explain your rights regarding the data and how it is used and how you can check the accuracy of it and request that the data be either corrected or deleted.

Chambers data policy follows the legal requirements as set out under the UK GDPR and the Data Protection Act 1988. The UK regulator is the Information Commissioners Office. Under the data protection laws two types of data exist.

Personal data, such as identifying information and indirectly identifying information, i.e., name, address, email, contact information phone number, IP address and location data and other unique identifying personal data.

Sensitive data, such as racial/ethnic, political and religious views and beliefs, health information and sex life and sexual orientation, biometric and genetic information, trade union membership. Data concerning criminal records and convictions are subject to further additional conditions.

The Data Controller.

Chambers Data Controller is Gary Fern Head of Chambers. Chambers may collect personal data about you, use such data for various aims, and be responsible for ensuring the security of it in accordance with the UK GDPR and the Data Protection Act 2018. Gary Fern is registered with the Information Commissioner’s Office (ICO). (No. ZA496987).

The Legal Basis for Processing Your Personal Information/Data.

Chambers relies on the following categories as the legal basis for collecting and processing personal information/data:

1.      You have given us specific consent either orally or in writing to such processing i.e., by entering into a written or oral contract with us.

2.      To perform the terms of a written contract for the provision of legal services or carrying out preliminary work prior to entering into such a contract, such as perusing papers prior to accepting instructions

3.      Conducting, investigating, establishing, exercising, or defending legal claims and/or provision of legal advice and assistance by members of Chambers

4.      Members of Chambers when acting in a judicial capacity including arbitrators and mediators

5.      Where necessary so that Barristers and Chambers can comply with a legal obligation, they may be subject to e.g., performing anti money-laundering or terrorist financing checks, complying with law enforcement requirements, judicial proceedings and court orders.

6.      Where processing is required or we believe it to be required, to prevent or detect unlawful acts where it is in the substantial public interest and the processing must be carried out without consent so as not to prejudice those purposes

7.      Processing to allow the dissemination of decisions and judgments of courts and tribunals

8.      To maintain equality and diversity records, for the purposes of identifying and/or keeping under review the existence and/or absence of equality of opportunity and/or treatment between members of staff, tenants, pupils and/or mini pupils with a view to enabling such equality to be promoted and/or maintained

9.      Chambers, further relies on its legitimate business interests and/or those of third parties, (both professional and lay) in processing personal data, where it is reasonably necessary to achieve our legitimate business interests, as long as those interests are not negated by your rights where applicable

10.  Where you have asked Chambers for a reference

11.  Family and associates of the person whose personal information Chambers is processing

12.  In circumstances where your personal information is in the public domain

13.  Processing is necessary for the purposes of performing and/or exercising obligations or rights which are imposed and/or conferred by law on chambers and/or you in connection with employment, social security, or social protection

14.  The processing is necessary for the assessment of your working capacity and/or health and/or social care purposes

15.  Where required to do so by law.

Do You Have to Provide Information/Data?

In order to use the services provided by chambers and its members, you will have to provide your personal information/data so that it can be processed. Chambers services cannot be provided without this information/data.

To apply to Chambers for any position i.e., tenancy, pupillage or staff positions you must provide us with the relevant information so that your application can be considered. Such information will be processed as detailed in this privacy notice. By making an application to Chambers you consent to our processing of your information. You may revoke such consent by contacting Gary Fern Head of Chambers.

If Chambers requires goods or services, then information relating to the providers and their terms and conditions will be needed to process any offers to provide those goods and services.

What Type of Information/Data does Chambers and/or Individual Members Collect About You?

Your personal data that you consent providing including:

1.     Personal details

2.     Family information

3.     Lifestyle and social circumstances

4.     Services requested

5.     Financial Information

6.     Education, vocational and employment status

7.     Physical and mental information

8.     Racial or ethnicity data

9.     Political leanings and associations

10.  Religious, philosophical beliefs

11.  Trade union membership

12.  Sexual status or orientation

13.  DNA data

14.  Biometric information

15.  Civil and criminal proceedings, outcomes, and sentences

16.  Additional personal information arising from instructing counsel for the provision of legal services. Including Instructions, evidence, privileged communications between counsel and chambers members and those instructing them

17.  Other information directly arising out of instructing counsel for the provision of legal services.

18.  Information provided by you in the course of making an application to chambers for tenancy, pupillage, mini pupillage or employment

19.  Personal details arising from requests to join chambers marketing schemes.

Personal Information/Data Collected from Other Sources.

Personal information/data categories as detailed above may also be obtained from third parties such as:

1.      Other legal practitioners/professionals (solicitors, patent and trade mark attorneys, mediators and arbitrators, foreign and other lawyers their employees and agents)

2.      Expert and non-expert witnesses both actual and potential, expert and potential experts instructed in the course of litigation or prospective litigation

3.      Courts and tribunals and prosecuting agencies including regulatory authorities

4.      Pupil barristers, mini pupils and those performing work experience

5.      Family and associates of the person whose data is being processed and members of the public

6.      Prosecution services and other regulatory authorities

7.      In the event of complaints, the Head of Chambers, those dealing with the complaint and the Bar Standards Board and/or the Legal Ombudsman

8.      Professional, educational and other such bodies

9.      Other regulatory authorities

10.  Business associates, professional advisors and trade bodies i.e., the Bar Council

11.  Reference recipients

12.  Employer’s current, past or prospective and chambers employees

13.  Data processors such as email services and data storage providers and website hosting providers

14.  Public sources, law reports, registers and the press.

Using and Accessing Chambers Website.

Chambers website is hosted by 123 Reg services. The website collects various types of information/data including, IP address, browser and device settings. Website usage information such as pages clicked, and navigation are collected. Further technical information, such as device name, country location, and language preferences are also collected. This information is used to help understand your usage of the website and for other technical information to help ensure the security of the website and the hosting provider. The website does not collect personal identifying information such as name or contact information unless you provide it.

Marketing and Promotion.

In relation to personal information/data collected for marketing and promotional purposes, the personal information/data consists of:

1.      Names, contact details, and/or name of organisation

2.      The nature of your interest in chambers’ marketing: and

3.      Your attendance at Chambers events.

This information/data will be processed so that you can be provided with information about Chambers and its member barristers, arbitrators and mediators and to invite you to events.

You may opt out of receiving such information by contacting chambers as detailed below and requesting to be removed from the contacts list or using the email unsubscribe option.

How Chambers and/or Individual Members Use Your Personal Information/Data.

 Chambers/barristers may use/process your personal information/data for the following purposes:

1.      To provide and assist in the provision of legal services by barristers to both professional and lay clients

2.      To act on behalf of professional and lay clients, including providing legal advice both written and orally, to represent clients in courts, tribunals, and other judicial and semi judicial forums, including arbitrations and mediations and/or acting as a judge. Acting as an individual hearing a matter or performing duties such as conducting ADR and mediation i.e., arbitrators and mediators

3.      To perform wider duties and activities related to the barristers’ professional responsibilities such as, provision of training of pupils and mini pupils and other work experience opportunities, pro-bono work or assisting charities

4.      Where required communicating and participating with professional bodies such as, the Bar Council, Bar Standards Board, the Inns of Courts, the Solicitors Regulatory Authority and other specialist institutions and organisations

5.      To publish legal judgments and decisions of courts and tribunals and information about them in journals and on websites, to publish articles in journals and contribute to textbooks

6.      To conduct their individual professional practices

7.      To promote and market their professional services both online and otherwise

8.      To check for potential conflicts of interest regarding both past and future matters and potential matters

9.      Allocation of work to members of chambers

10.  To make, respond and deal with complaints and potential complaints

11.  To comply with or assist in the compliance of barrister’s professional obligations, in accordance with the Bar Standards Board Code of Conduct

12.  To commence or defend legal and/or regulatory proceedings

13.  Where relevant to assist members of chambers acting in a judicial position

14.  To carry out anti-money laundering and terrorist financing checks

15.  To keep and maintain accounting and financial records

16.  To procure goods and services from third parties

17.  To comply with equality and diversity, health and safety, wellbeing, and other regulatory requirements

18.  Where appropriate search for, interview and select new members of chambers, pupils, mini- pupils and staff and when requested respond to requests for references

19.  Manage and operate chambers

20.  Any other purposes as allowed or permitted by law.

Who will Chambers Share Your Personal Information/Data with?

It may be necessary to share your information/data with the following organisations and/or individuals:

1.      Members of chambers including other barristers, door tenants and support staff

2.      Various courts and tribunals and associated staff when relevant to legal proceedings as pertaining to instructions received by member barristers and chambers

3.      Professionals such as solicitors who instruct members of chambers and other parties’ lawyers

4.      Professionals such as Patent and Trade mark attorneys who instruct members of chambers

5.      Direct access clients who instruct direct access certified members of chambers

6.      Legal professionals such as arbitrators and mediators

7.      Expert witnesses and potential expert witnesses

8.      Witnesses and potential witnesses

9.      Lay and professional clients

10.  Clerks and administrative staff of chambers and/or contractors

11.  Head of Chambers

12.  Information/data processors such as IT providers, email services, data storage providers, data analytics services and communications providers and website hosting providers

13.  In the event of complaints, the Head of Chambers and members of Chambers dealing with complaints and the Bar Mutual Indemnity Fund

14.  Professional regulatory authorities, the Bar Standards Board and the Legal Ombudsman

15.  Any other regulatory body where appropriate

16.  Prosecution authorities and/or regulatory bodies

17.  Law enforcement agencies and agents i.e., police, Customs and revenue officers, intelligence services

18.  In the case of recruitment of Barristers your current, past and prospective chambers

19.  Current, past or prospective employers or employees,

20.  Education and examining bodies and organisations

21.  Pupil barristers, mini pupils and others performing work experience roles

22.  The Bar Council and other trade bodies

23.  If you have asked for a reference the requested recipient

24.  The general public regarding publishing legal judgments and/or court decisions.

How Long Will Chambers Store Your Personal Information/Data?

Chambers may store your information/data for:

1.      Up to 16 years after our professional relationship has ended, e.g., last work carried out on your case, final payment of professional fees, after the commencement of the limitation period. The 15 year long stop under the Limitation Act utilised by the Bar Mutual Indemnity Fund

2.      In matters involving some IP rights, information may be retained for 70 years after the death of the original author, indefinitely in trademark matters, 20 plus years for patents and 25 years for design rights

3.      Indeterminate periods where the limitation period may not have started to run

4.      A member’s practice history for conflict-of-interest purposes for as long as the member remains in practice

5.      Equality and Diversity data for 15 years

6.      Chambers and individual members contacts and marketing information held indefinitely

7.      Recruitment information 7 years

8.      Regulatory and insurance information 12 years

9.      Training information and/or precedents indefinitely.

Transfer of Your Personal Information/Data Outside the UK and European Economic Area (EEA).

Sometimes it may be necessary for Chambers and/or members of Chambers to export your personal information/data outside of the UK and EEA. The following are examples of situations that may require a transfer of information outside of the EEA:

1.      If you live and/or the origination of instructions, come from outside the UK and EEA

2.      Matters involving an international element of litigation or advice outside the UK and EEA

3.      Conducting litigation, arbitration, mediation outside the UK and EEA

4.      Processing information with others and/or entities outside the UK and EEA

5.      Assisting foreign courts, tribunals and other judicial and semi judicial hearings outside the UK and EEA

6.      The use of international data service providers such as email services, databases, web services and analytics processors, cloud service providers and the utilisation of blockchain technology to store information/data where appropriate that are located outside of the UK and EEA.

7.      References to/from individuals and/or organisations outside of the UK and EEA

8.      Individual members of Chambers may take your personal information outside of the UK and EEA, while conducting litigation, undertaking consultations, and advising clients

9.      Chambers may publish a judgment or decision of a court or tribunal containing your information on its website accessible globally.

Some countries and organisations outside the UK and EEA have been assessed by the European Commission, and their data protection laws, and procedures have been found to demonstrate protection. Most do not. If your information has been transferred outside the UK and EEA, then it may not have the same protections and you may not have the same rights as you would have within the UK and EEA.

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

Your Rights as a Data Subject Under the UK GDPR and the Data Protection Act.

Under the UK GDPR and the Data protection Act 2018, you have various rights that you can exercise, in certain circumstances, mainly for free. Sometimes a fee may be charged.

You have the right to:

1.      Ask for access to your personal information/data held by Chambers or an individual member

2.      Ask for your personal information/data held by Chambers or an individual member to be corrected or updated

3.      Ask for your personal information/data held by Chambers or an individual member to be erased in certain circumstances

4.      Receive a copy of the personal information/data that you have provided to chambers in a structured, commonly used, and machine-readable format e.g., Word document

5.      Object to the processing of your personal information/data by Chambers or an individual member

6.      Restrict the processing of your personal information/data by Chambers or an individual member

7.      If you gave consent to process your information/data, you may withdraw or revoke that consent.

For more information about your rights under the UK GDPR see the guidance on the Information Commissioners Office website at https://ico.org.uk under ‘Individual’s rights under the GDPR’.

If you want to exercise any of these rights:

1.      Use the contact details at the end of this notice

2.      Identify the individual member of Chambers whom you are seeking to exercise your rights against or if it is Chambers

3.      Chambers may need to ask you to provide additional information so that you can be identified

4.      Provide a contact address so that you can be contacted to request further information to verify your identity

5.      Provide proof of your identity and address

6.      State the right or rights that you wish to exercise.

How to Make a Complaint Under UK GDPR and the Data Protection Act.

Contact Chambers directly in the first instance as this is likely to be the quickest way to resolve a complaint. See contact details below.

However, you also have the right to make a complaint with the Information Commissioners’ Office regarding the processing of your personal information/data by chambers and/or individual members. See the ICO website on https://ico.org.uk.

Changes to this Privacy Notice.

Chambers may review its information processing practices. Any changes will be updated in this privacy notice and published on chambers website. This privacy notice was published on 11th October 2021.

Contact Details.

If you have any questions regarding this privacy notice or the information/data that Chambers or individual members hold regarding you, you may contact Chambers using the contact information below. State that the enquiry is about this privacy notice and or UK GDPR and or the Data Protection Act 2018.

Address.

7 Stones IP & Commercial Chambers,

4/4a Bloomsbury Square, London WC1A 2RP

Telephone: +44 (0) 20 4549 2737

Email: admin@7stonesip.com

Website: https://www.7stonesip.com