Tennyson Chambers Privacy Notice – General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018.
Who Am I?
The Head of Chambers Miss Susan Brown and agents acting on her behalf collect, use, retain, and store personal information which may include personal data about you and the Head of Chambers is responsible for the same. When Chambers does this, it is the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018. Chambers on behalf of members of chambers processes personal information about lay and professional clients, about witnesses and experts, and anyone ancillary to actual or potential legal proceedings or the provision of legal advice.
If you need to contact Chambers about your information or the processing carried out you can use the contact details at the end of this document.
What does Chambers do with your information?
When carrying out the provision of legal services or when providing a reference Chambers on behalf its members, may collect store use retain some or all of the following personal information that you might provide to me namely:
- personal details including name, address, telephone numbers and email address(es).
- family details.
- lifestyle and social circumstances.
- goods and services.
- financial details.
- education, training and employment details
- physical or mental health details.
- racial or ethnic origin.
- political opinions.
- religious, philosophical or other beliefs.
- biometric data for the purpose of uniquely identifying a natural person.
- Trade union membership.
- Sexual life.
- Offences and alleged offences.
- criminal proceedings, outcomes and sentences, and related security measures
- other personal data relevant to instructions to provide legal services, including personal data specific to the instructions in question.
- Your correspondence with me whether by e mail post fax or other form of communication with me.
Paragraphs g,h,I,j,l,m,n,o, are classified as sensitive information which Chambers process.
Information collected from other sources.
The same categories of information may also be obtained or collected from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, government departments, regulators, public records and registers.
How Chambers uses your personal information: Purposes
Chambers may use your personal information for the following purposes:
- to provide legal services to clients, including but not limited to the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations.
- to keep accounting and business records and carry out office administration.
- to take or defend legal or regulatory proceedings or to exercise a lien.
- to respond to potential complaints or make complaints.
- to check for potential conflicts of interest in relation to future potential cases.
- to promote and market Chambers services.
- to carry out anti-money laundering and terrorist financing checks.
- to train other barristers and when providing work-shadowing opportunities.
- to respond to requests for references.
- when procuring goods and services.
- to publish legal judgments and decisions of courts and tribunals or write legal articles.
- as required or permitted by law.
- to comply with any professional obligation that the Head of Chambers and Members of Chambers may have under the code of professional conduct contained in the Bar Handbook of the regulator the Bar Standards Board.
- to carry out obligations arising from any contracts entered into between you and any member of Chambers and to provide you with the information and services that you request from us or instruct us to carry out;
- to notify you about changes to any services;
- to verify your identity or of officeholders of your organisation;
- to provide the services of members of Chambers;
- for the payment of legal services and any debt collection;
- for the administration of files and records;
- for access to the secure client pages on the Tennyson Chambers web site;
- for transfers of data between other professionals and advisers notified to us by you;
- for legal and regulatory compliance;
- to correspond with you whether by e mail, post, telephone, facsimile of other form of communication.
Marketing and promotion
In relation to personal information collected for marketing purposes, the personal information consists of
- names contact details, and name of organisation
- the nature of your interest in Chambers’ marketing
- your attendance at Chambers events.
This will be processed so that you can be provided with information about Chambers and the registered Barristers/Mediators/Arbitrators who are members of Chambers and to invite you to events. You may contact Chambers using the contact details at the end of this document if you no longer wish to receive such invitations or information.
Whether information has to be provided by you, and why
If you apply to Chambers for a position, mini pupillage, pupillage, or are seeking a reference or are a member of staff your personal information has to be provided to Chambers, so that your application/reference can be properly assessed/your employment records, pay and pensions can be administered. Further if you have instructed a member of chambers in your case or matter or if you have asked for a reference, or made an enquiry about any of chambers members services as a barrister your personal information has to be provided, to enable them to provide you with a fee estimate, client care letter, legal advice or representation or the reference, and to enable the relevant member of Chambers to comply with (a) their professional obligations as a barrister; (b) to keep their accounting and business records; (c) to fulfil their business record keeping obligations to Her Majesty’s Customs and Excise, and any duties that they may have to any court or tribunal involved or connected to your legal case; and (d) to enable the member of Chambers to carry out the purposes set out above.
If you are offering or providing Chambers with goods or services, your information may be processed and stored or retained in relation to such offers or contracts.
The legal basis for processing your personal information
Chambers relies on the following as the lawful bases on which Chambers collects and use your personal information. Processing of your personal data by Chambers and its members will be lawful under the GDPR if and to the extent one of the following applies:
(a) If you have consented to the processing of your personal information, then Chambers may process your information for the purposes set out above to the extent to which you have consented to Chambers doing so. However, Chambers may still process your personal data without your consent if –
- Processing is necessary for the performance of a contract entered into between you and me or to take steps to enter into a contract – Article 6(1)(b);
- Processing is necessary for compliance with a legal obligation – Article 6(1)(c);
- Processing is necessary to protect your vital interests or those of another person – Article 6(1)(d);
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in me – Article 6(1)(e);
- Processing is necessary for the purposes of legitimate interests pursued by us or a third party, except where such interests are overridden by your interests, rights or freedoms – Article 6(1)(f).
(b) If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.
(c) In relation to information which is in categories (g) to (o) above (these being categories which are considered to include particularly sensitive information and which include information about criminal convictions or proceedings Chambers is entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for the establishment, exercise or defence of legal rights.
(d) In relation to information which is not in categories (g) to (o) above, Chambers relies on its legitimate interest and that of its members/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above and the grounds in Article 6 of the GDPR where processing can in the circumstances outlined above take place without your consent.
(e) In relation to information which is in categories (g) to (o) above (these being categories which include sensitive information and which include information about criminal convictions or proceedings) Chambers may rely on your consent for any processing for the purposes set out in purposes (ii),(iv),(vi),(viii) and (ix) above. Chambers may need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purposes (iv) and (ix) above (responding to potential complaints and providing a reference) Chambers will be unable to take and provide a reference or a response to your complaint. This is because the Head of Chambers needs to be able to retain all the material about your case until there is no prospect of a complaint and to provide an informed and complete reference alternatively Chambers needs to be able to retain all information about you to provide an informed and complete reference.
(f) The processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on Chambers or you in connection with employment, social security or social protection.
(g) The processing is necessary for the assessment of your working capacity or health or social care purposes.
(h) The processing of information in categories (g), (h),(j) and (i) above is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between members of staff, tenants, pupils and mini-pupils with a view to enabling such equality to be promoted or maintained.
(i) The processing is necessary to prevent or detect unlawful acts where it is in the substantial public interest and it must be carried out without consent so as not to prejudice those purposes.
(j) In certain circumstances processing may be necessary in order that Chambers can comply with a legal obligation to which it is subject (including carrying out anti-money laundering or terrorist financing customer due diligence checks).
(f) The processing is necessary to publish judgments or other decisions of courts or tribunals.
If you withdraw your consent, as stated above, Chambers may still process your data if that processing falls into one or more of the above categories set out in Article 6 above. If you object to processing performed under Article 6(1)(e) or 6(1)(f), Chambers will stop processing your personal data unless Chambers either:
- Demonstrates a compelling legitimate ground for processing the personal data that overrides the data subject’s interests.
- Needs to process the personal data to establish, exercise, or defend legal claims.
Who will Chambers share your personal information with?
It may be necessary to share your information with the following:
- Data processors such as Chambers staff including clerks or IT contractors to chambers information processors, such as IT support staff, email providers, information storage providers, software providers. Software network engineers, telephone receptionist sued by members of chambers and serviced office staff employed by Oxford Innovation Limited at Ocean Innovation Centre.
- in the event of complaints, the Head of Chambers and members of Chambers who deal with complaints, the Bar Standards Board and the Legal Ombudsman.
- other regulatory authorities.
- current, past or prospective employers or employees.
- in the case of recruitment of barristers to or from other chambers, your current, past and prospective chambers.
- education and examining bodies.
- legal professionals.
- experts and other witnesses.
- prosecution authorities.
- courts and tribunals.
- Chambers’ staff.
- trainee barristers and mini pupils.
- lay and professional clients of Members of Chambers.
- family and associates of the person whose personal information Chambers is processing.
- 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 Chambers to provide a reference
- the general public in relation to the publication of legal judgments and decisions of courts and tribunals.
Chambers 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 your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without Chambers’ consent or your consent, which includes privileged information.
Chambers may also be required to disclose your information to the police or intelligence services, where required or permitted by law.
But such sharing of your information when necessary will be kept to a minimum where lawfully possible, and all external network engineers which provide IT technical support for chambers internal IT system are subject to confidential agreements and are subject to a basic Disclosure Scotland check.
The personal information Chambers obtains may include information obtained from:
- legal professionals
- experts and other witnesses
- prosecution authorities
- courts and tribunals
- trainee barristers
- lay and professional clients of members of Chambers
- family and associates of the person whose personal information Chambers is processing
- 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 Chambers to provide a reference.
- data processors, such as IT support staff, email providers, data storage providers software providers, software network engineers, my telephone receptionists and serviced office staff employed by Oxford Innovation Limited at Ocean Village Innovation Centre.
- public sources, such as the press, public registers and law reports.
- cloud information storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable me to store your information and/or backup copies of your information so that Chambers may access your information when they need to. The USA does not have the same information protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/information-protection/information-transfers-outside-eu/eu-us-privacy-shield_en.
- cloud information storage services based in Switzerland, in order to enable Chambers to store your information and/or backup copies of your information so that Chambers may access your information when it needs to. Switzerland does not have the same information protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/information-protection/information-transfers-outside-eu/adequacy-protection-personal-information-non-eu-countries_en.
If you would like any further information, please use the contact details at the end of this document.
How long will Chambers store your personal information?
Chambers 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, but may be 12 years, or longer where the case includes information relating to a minor), from the date of the last item of work was 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 or to deal with any complaint or potential complaint or to comply with any professional obligation that I have under the Bar Standards Board Handbook. This means that after the latest point above your file(s) and papers connected with your case can be kept in certain cases for up to a minimum of 7 – 12 years (see below).
- After the above period(s) have expired if your papers have not already been returned to you any further retention will be reviewed and the data will be marked for deletion /destruction unless you give Chambers written instructions not to destroy your papers or they will be 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.
- In respect of cases under the public access scheme registered barristers are recommended by Bar Standard Board Guidance to retain copies of client data including personal data and sensitive personal data, information and documents you supply whether in hard copy or in electronic form for a minimum period of 7 years under the current provisions of the guidance to the regulatory code of conduct for the English Bar set out in the Bar Handbook published by the Bar Standards Board of the United Kingdom who regulates all barrister members of Tennyson Chambers.
- Chambers review data held by Chambers and review the length of time that personal data of clients is held. Where the business need and purpose require Chambers update archive and securely delete information if it goes out of date and is no longer required for the business purposes of Chambers above.
- Equality and diversity data may be retained for any period required under the Bar Standards Board Handbook for the retention of such data in pseudonymised form for the purpose of research and statistics and complying with regulatory obligations in relation to the reporting of equality and diversity data.
- Names and contact details held for marketing purposes will be stored indefinitely or until Chambers becomes aware or is informed that the individual has ceased to be a potential client.
- Personal information held for recruitment purposes or in relation to pupillage or mini-pupillage will be stored in respect of (a) employment for the duration of the employment and for 6 years from the last day of employment to meet any obligations the Head of Chambers may have in respect of the employed staff to Her Majesty’s Revenue and Customs, and (b) in respect of pupillage or mini pupillage for the duration of pupillage and thereafter for a period of 6 years from the date of cessation of pupillage or mini pupillage.
As explained above, in certain instances Chambers is relying on your explicit consent to process your information in categories (g) to (o) above. You provided this consent when you applied to become a member of staff, tenant, pupil or mini-pupil or you asked Chambers to provide a reference.
You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity carried out prior to you withdrawing your consent. However, where Chambers also relies on other bases for processing your information, you may not be able to prevent processing of your information.
If there is an issue with the processing of your information, please contact Chambers using the contact details below.
Under the GDPR, you have several 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 information or to complete missing information Chambers holds 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 the 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 the link here.
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