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Privacy & Cookies Policy

5 KING’S BENCH WALK PRIVACY NOTICE

This notice is operational from: 25 May 2018

Introduction

  1. We are a set of barristers who share the same office and staff, at 5 King’s Bench Walk (“Chambers”).
  1. We take protection of your personal information very seriously in accordance with the General Data Protection Regulation (“GDPR”).

Purpose

  1. In this privacy notice we explain our approach to your personal information and your rights in relation to it.

Processing personal information

  1. The GDPR only allows processing of personal information when there is a lawful basis for doing so. The principal lawful bases identified in the GDPR are:
  1. The data subject has given consent to the processing of his or her personal information for one or more specific purposes;
  2. Processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
  3. Processing is necessary for compliance with a legal obligation to which the controller is subject;
  4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  6. Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
  1. Examples of a legitimate interest for processing personal information include:
  1. Where there is a relevant and appropriate relationship between the data subject and the controller in situations such as where the data subject is a client or in the service of the controller;
  2. Processing for direct marketing purposes;
  3. Processing to prevent fraud;
  4. Transmitting personal data within a group of undertakings for internal administrative purposes, including the processing of clients’ or employees’ personal data;
  5. Where necessary and proportionate for the purposes of ensuring network and information security;
  6. Reporting possible criminal acts or threats to public security.
  1. Certain categories of personal data are more sensitive and they therefore require more protection. These are known as Special Categories under the GDPR and area
  1. Personal data which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership;
  2. Genetic data or biometric data for the purpose of uniquely identifying an individual; and
  3. Data concerning health or data concerning a person’s sex life or sexual orientation.
  1. Processing of Special Categories of personal data may be permitted under the GDPR where, for example:
  1. The Data Subject has given explicit consent to such processing for one or more specified purposes;
  2. Processing is necessary to protect the vital interests of the Data Subject or of another individual where the Data Subject is physically or legally incapable of giving consent;
  3. The Data Subject has manifestly made such data public;
  4. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
  5. Processing is necessary for reasons of substantial public interest;
  6. Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the Data Controller or of the Data Subject in the field of employment law.
  1. We may use your personal information for a number of purposes including, but not limited to:
  1. Communicating with you;
  2. Providing you with legal advice and representation;
  3. Assisting in the training of pupil barristers supervised by members of Chambers;
  4. Investigating and addressing your complaints;
  5. Responding to legal proceedings relating to your use of our services.
  1. One or more lawful bases, legitimate interests or purposes may apply when we process your personal information. This will depend on your relationship with us.
  1. In relation to our clients, examples of lawful bases may be consent and/or a legitimate interest in processing their personal information for the purposes of providing them with legal advice and/or representation. Processing may also to be necessary for the exercise or defence of legal claims.
  1. In relation to Chambers’ staff, examples of lawful bases may be consent and/or processing their personal information as necessary for the performance of a contract and/or a legitimate interest, as the staff are employed by us. Processing may also be necessary in relation to the employment rights or obligations.
  1. In relation to members of the Bar who wish to join Chambers, examples of lawful bases may be consent and/or requested processing prior to entering into a contract.
  1. In relation to users of our website, examples of lawful bases may be consent and/or direct marketing purposes and/or for ensuring network and information security.

What information we collect

  1. We may collect a variety of personal information, including but not limited to:
  1. Name;
  2. Telephone number;
  3. Address;
  4. Email;
  5. IP address;
  6. Bank details;
  7. Date of birth.

Cookies

  1. One way in which we collect personal information is by the use of “cookies” on our website.
  1. “Cookies” are small text files placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognise a particular device or browser.
  1. We use Google Analytics cookies on our website to analyse our website traffic.
  1. We also use a Twitter cookie so that you can easily follow our tweets.

Retention of personal information

  1. We retain personal information for as long as we need it, in accordance with our retention policy. If you would like a copy of this, please contact Natasha White-Foy, by email: natasha@5kbw.co.uk.

Security of personal information

  1. We promote a high standard of information security by a combination of technical measures and training for our barristers and staff.

Data transfers

  1. We list below common examples of people with whom we may share your personal information, where it is proper to do so:
  1. Our clerking and administrative staff;
  2. Other barristers in Chambers who may be instructed to cover a case;
  3. Instructing solicitors;
  4. Opposing Counsel and the Court, for example, for the purposes of resolving a case;
  5. A pupil barrister under the supervision of a member of Chambers;
  6. Regulatory authorities in the event of a complaint; and
  7. Anyone you ask us to share your information with.
  1. We do not transfer personal data outside the European Economic Area unless we are satisfied that there are appropriate safeguards in place.

Your rights

  1. In this section we summarise your rights as a Data Subject under the GDPR. You can find out more about your rights from the Information Commissioner’s Office’s website: https://ico.org.uk.
  1. Data Subjects have the following rights under the GDPR:
  1. A right to be informed about the personal information held by a third party about them and the purposes for which they process it;
  2. A right to access a copy of any information processed by a third party which contains their personal data – this is known as a Subject Access Request;
  3. A right to object to the processing of personal data, for example, for direct marketing;
  4.  A right to object to decisions being taken solely by automated means by third parties who hold their personal data;
  5. A right in certain circumstances to have inaccurate personal data held by a third party rectified, blocked, erased or destroyed;
  6. A right to claim compensation for damages suffered by the Data Subject as a result of a breach of the GDPR; and
  7. A right to move their data from one Data Controller to another.

Your Information

  1. You may request access to, correction of, or a copy of your information by contacting Natasha White-Foy, by email: natasha@5kbw.co.uk.

Marketing

  1. You may opt out of receiving emails and other messages from Chambers or any barrister in Chambers by contacting Natasha White-Foy, by email: natasha@5kbw.co.uk.

Right to Complain

  1. We take any complaints about our collection and use of personal information very seriously.
  1. If you think that our collection or use of personal information is unfair, misleading or inappropriate, or you have any other concern about our data processing, please raise this with us in the first instance.
  1. To make a complaint, please contact Natasha White-Foy, by email: natasha@5kbw.co.uk
  1. Alternatively, you can make a complaint to the Information Commissioner’s Office:
  1. By post: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
  2. Their website: https://ico.org.uk/concerns/complaints-and-compliments-about-us/
  3. By email: casework@ico.org.uk
  4. By telephone: 0303 123 1113 (Local rate) or 01625 545 745 (National rate).

Review of this Notice

  1. We may review and update this notice from time to time by publishing a new version on our Chambers’ website.
  1. You should check this page occasionally to ensure you are happy with any changes to this notice.