Privacy & Cookies

This Notice is provided on behalf of: (1) the Barristers who practise from Garden Court Chambers (“the Barristers”); and (2) Garden Court Chambers Limited (“GCCLTD”), a company which carries out functions in relation to and on behalf of the Barristers and Garden Court Chambers.

This Notice explains how GCCLTD and the Barristers process personal data. In some contexts, the data controller is an individual Barrister. In other contexts, the data controller is GCCLTD. This Notice covers both situations. This Notice also explains your rights in relation to any personal data about you that is processed by the Barristers or GCCLTD.

Legal Framework & Definitions
The way in which Barristers and GCCLTD process personal data is governed by data protection law, which includes the EU General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“DPA 2018”).

The following terms are defined by the GDPR and DPA 2018. A short explanation is given below, although this is not intended to substitute any definitions set out in the legislation.

By personal data, we mean information relating to an identified or identifiable person.

By special category personal data we mean personal data consisting of genetic data; biometric data used for the purpose of identifying an individual; data concerning health; data concerning an individual’s sex life or sexual orientation; or data that reveal an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership.

By criminal offence data we mean data about whether an individual has committed or has been convicted of a criminal offence.

By data controller we mean the person or body who determines the purposes and means of the processing of personal data.

Processing of personal data by Barristers
Barristers process personal data for the purpose of conducting their professional practice, and for the purpose of providing legal services in the course of such practice.

Barristers are data controllers in respect of any personal data processed by them directly for the purposes of their own individual professional practice. For example, Barristers are data controllers in respect of the personal data held in their own email accounts, in their electronic professional diaries, or on any electronic device which they use for work purposes. A Barrister will also be the data controller in respect of any personal data contained within hard copy papers relating to a case or matter that has been allocated to that barrister.

The legal basis upon which Barristers process personal data as data controllers is as follows:

• Where a professional or lay client has given consent to the processing of their personal data by a Barrister, the processing of that personal data by the Barrister is based on consent.
• Where consent has not been given for the processing of personal data by the Barrister, processing is based on the Barrister’s legitimate interests in conducting their professional practice and in providing legal services.
• Where a Barrister processes special category personal data or criminal offence data, it will be on the basis that the processing is necessary for the establishment, exercise or defence of legal claims. This will apply to the processing of personal data in connection with litigation and for the purpose of providing legal advice.

Processing of personal data by GCCLTD for the purposes of supporting Barristers’ practices:

• GCCLTD employs staff members (including barristers’ clerks) to assist Barristers in conducting their practices, and to deal with the administration of Garden Court Chambers.
• GCCLTD is the data controller for electronic personal data processed by GCCLTD staff for the purposes of assisting Barristers to run their practices.
• GCCLTD is also the data controller in respect of any personal data processed in connection with any unallocated case (i.e. a case that has been referred to Garden Court Chambers but has not been allocated to a particular Barrister).

The legal basis upon which GCCLTD processes personal data for the above purposes is as follows:

• Where a professional or lay client has given consent to the processing of their personal data by GCCLTD, then the processing of that personal data by GCCLTD is based on consent.
• Where consent has not been given for such processing, any such processing is based on GCCLTD’s legitimate interests in assisting the Barristers to conduct their professional practices and provide legal services.
• Where GCCLTD processes special category personal data or criminal offence data, this is on the basis that the processing is necessary for the establishment, exercise or defence of legal claims. This will apply to circumstances where the personal data is processed in connection with litigation, or for the purpose of providing legal advice.

Processing of personal data for the administration of Garden Court Chambers
GCCLTD is the data controller for data that is processed for the purposes of administering GCCLTD. This includes data that is processed for billing purposes and for marketing purposes. In relation to marketing data, GCCLTD will not send marketing emails except where permitted under the Privacy and Electronic Communications Regulations 2003 or any successor legislation.

GCCLTD is also the data controller in respect of all data relating to: staff employed by GCCLTD, job applicants, contract workers who provide services to GCCLTD, and mini-pupils, squatters and pupils at Garden Court Chambers.

The basis on which GCCLTD processes such personal data is as follows.

• Marketing data is processed on the basis of the legitimate interests of Garden Court  Chambers, the Barristers and GCCLTD in marketing the services of Barristers practising at Garden Court Chambers. The processing of personal data for the purposes of direct marketing by email is carried out on the basis of consent.
• The processing of staff data and data relating to contract workers is necessary for the performance of employment or other contracts to which GCCLTD and the relevant data subjects are parties.
• The processing of special category personal data in connection with employment is conducted on the basis that the processing is for employment purposes, or for occupational health purposes.
• Data relating mini-pupils and pupils is processed on the basis of the legitimate interest of Garden Court Chambers, the Barristers, and GCCLTD in the recruitment and training of new barristers and of potential new members of Garden Court Chambers.

Your rights
Under the GDPR and DPA 2018, you have various rights in connection with any personal data about you that is processed by a Barrister or by GCCLTD as data controller.

• You can ask the Barrister or GCCLTD to give you access to personal data about you that is held by them.
• You can ask the Barrister or GCCLTD to erase personal data about you that is held by them.
• You can ask the Barrister or GCCLTD to restrict their processing of personal data about you, so that the data will only be used for limited purposes (set out in the GDPR).
• You can object to the processing of your personal data by the Barrister or GCCLTD.
• You can ask for personal data about you that you have provided to the Barrister or GCCLTD to be provided to you in a structured, commonly used and machine-readable format, and you can transmit that data to another data controller.

All of these rights are set out in detail in the GDPR and DPA 2018, which explain the conditions for the exercise of these rights, and any limitations. Various exemptions may apply, including in relation to data that is protected by legal professional privilege.

If you wish to exercise any of these rights, please make it clear whether you are seeking to exercise your rights against one or more Barristers (and if so, please identify them) and/or against GCCLTD.

Consequences of failing to provide data
If you are a client of one or more Barristers, and you do not provide information to them, or if you withdraw any consent for the processing of personal data by them or GCCLTD, or require them or GCCLTD to cease processing your data or to erase your data, then the effect may be that the Barrister(s) in question are unable to provide legal services to you, or the Barristers in question are unable to provide all of the legal services that you have asked for.

Right to lodge a complaint
You have the right to lodge a complaint to the Information Commissioner about the processing of your data by a Barrister or GCCLTD.

The Commissioner’s contact details are:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113
https://ico.org.uk

Contact details
The data controller for your personal data may be an individual Barrister practising at Garden Court Chambers, or may be GCCLTD. This Notice explains above who will be the data controller in relation to specific personal data.

Barristers, and GCCLTD, can be contacted at:

Garden Court Chambers
57-60 Lincoln’s Inn Fields
London
WC2A 3LJ

Where appropriate, personal data may also be processed to the extent that we are required to do so by law; or in connection with any legal proceedings or prospective legal proceedings, including in order to establish, exercise or defend our legal rights.

Website terms & conditions

Thank you for visiting the Garden Court Chambers web site (www.gardencourtchambers.co.uk). Access to, and use of, this site is subject to the following terms.

By using and accessing this site you are agreeing to be bound by these terms, which take effect immediately on your first and all subsequent visits to this site. These terms may be changed at any time and without notice by posting changes here. You should review these terms regularly to ensure that you are aware of any and all changes. Your continued use of www.gardencourtchambers.co.uk after changes to these terms are posted means that you have agreed to be bound by these terms as updated and/or amended.

Disclaimer

Information and commentary provided on this site is provided free of charge and for information purposes only. Any views expressed or comments made on the law in any part of this site are the opinions of the author only. No responsibility for the accuracy or correctness, or for any consequences of relying on this information or commentary, is assumed by Garden Court Chambers Limited or any individual member of staff or member of Garden Court Chambers. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case, matter or area of law. You are strongly advised to obtain specific and personal advice from a qualified lawyer about your case or matter and, expressly, should not rely on the information or comments on this site. Garden Court Chambers is not responsible for, and does not accept any liability in any form whatsoever, for the content of any external third party web sites accessed or used through www.gardencourtchambers.co.uk

Cookies

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Use of cookies in this way does not give us gives us access to personal information about you, except for any information that you may submit when subscribing for services or sending us a message.

If you prefer not to allow us to store a cookie on your machine you may do so by changing your browser settings. Information is provided below to help you do that. Please note that the site may not work if you do not allow cookies.

Barristers’ Privacy Notice

Data Controller - Who am I?

I collect, use and am responsible for personal information about you. When I do this I am the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018. I am registered with the Information Commissioner’s Office.

If you need to contact me about your data or the processing carried out you can use the contact details at the end of this document.

What do I do with your personal information?

Information collected from you
When carrying out the provision of legal services or providing a reference I collect personal information that you provide which may include any or all of the following:

• personal details
• 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
• trade union membership
• sex life or sexual orientation
• genetic data
• biometric data for the purpose of uniquely identifying a natural person
• criminal proceedings, outcomes and sentences, and related security measures
• other personal data relevant to instructions to provide legal services, including data specific to the instructions in question

Information collected from others

I may also obtain the same categories of personal information listed above from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers.

How do I use your personal information?

I may use your personal information for the following purposes:

• to provide legal services to my clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations
• to keep accounting 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 my 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
• as required or permitted by law.

Whether information has to be provided by you, and why

If I have been instructed by you or on your behalf on a case, or if you have asked for a reference, your personal information has to be provided, to enable me to provide you with advice or representation or the reference, and to enable me to comply with my professional obligations, and to keep accounting records.

The legal basis for processing your personal information

I rely on the following as the lawful bases on which I collect and use your personal information:

• If you have consented to the processing of your personal information, then I may process your information for the Purposes set out above to the extent to which you have consented to me doing so.
• 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.
• 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) I rely on your consent for any processing for the purposes set out in purposes (ii), (iv), (vi), (viii) and (ix) above. I 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) (responding to potential complaints and providing a reference) I will be unable to take your case or to provide a reference. This is because I need 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.
• In relation to information in categories (g) to (o) above (these being categories which are considered to be particularly sensitive information and include information about criminal convictions or proceedings), I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
• In relation to information which is not in categories (g) to (o) above, I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above.
• In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).
• The processing is necessary to publish judgments or other decisions of courts or tribunals.

Who will I share your personal information with?

If you are a client, some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a barrister I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.

It may be necessary to share your information with the following:

• data processors, such as my Chambers staff, email providers, data storage providers
• other legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• trainee barristers
• lay clients
• family and associates of the person whose personal information I am processing
• in the event of complaints, the Heads of Chambers, Complaint Committee Members, 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 and Legal Directories.
• the intended recipient, where you have asked me to provide a reference.
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals.

I 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 my consent or yours, which includes privileged information.

I may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

Sources of information

The personal information I obtain may include information which has been obtained from:

• other legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• trainee barristers
• lay clients
• family and associates of the person whose personal information I am processing
• in the event of complaints, the Head of Chambers, Complaints Committee members, 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 me to provide a reference.
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals.
• data processors, such as my Chambers staff, IT support staff, email providers, data storage providers
• public sources, such as the press, public registers and law reports.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.

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

I may transfer your personal information to the following which are located outside the European Economic Area (EEA):

• cloud data 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 data and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection.  
• cloud data storage services based in Switzerland, in order to enable me to store your data and/or backup copies of your data so that I may access your data when I need to. Switzerland does not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection. 

If I decide to publish a judgment or other decision of a Court or Tribunal containing your information then this will be published to the world.

I will not otherwise transfer personal information outside the EEA (except as necessary for providing legal services or for any legal proceedings).

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

How long will I store your personal data?

I will normally store all your information:

• Until at least 1 year after the expiry of any relevant limitation period (which will usually be 15 years as recommended by my insurers), from the date of the last item of work 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 subject to a complaint. At this point any further retention will be reviewed and the data will be marked for deletion or 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.
• I will store some of your information where I need to carry out conflict checks for the rest of my career. However, this is likely to be limited to your name and contact details/ the name of the case. This will not include any information within categories (g) to (o) above.
• Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later.
• Names and contact details held for marketing purposes will be stored indefinitely or until I or my clerks become aware or are informed that the individual has ceased to be a potential client.

Consent

As explained above, I am relying on your explicit consent to process your information in categories (g) to (o) above. You provided this consent when you agreed that I would provide legal services/you asked me 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 I have carried out prior to you withdrawing your consent. However, where I also rely on other basis for processing your information, you may not be able to prevent processing of your data. For example, if you have asked me to work for you and I have spent time on your case, you may owe me money which I will be entitled to claim.

If there is an issue with the processing of your information, please contact my clerks using the contact details below.

Your rights

Under the GDPR, you have a number of 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 data or to complete missing information I hold 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 my processing of your personal information in certain circumstances.

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual’s rights under the GDPR.

If you want to exercise any of these rights, please:

• use the contact details at the end of this document
• I may need to ask you to provide other information so that you can be identified
• please provide a contact address so that you can be contacted to request further information to verify your identity
• provide proof of your identity and address
• state the right or rights that you wish to exercise.

I will respond to you within one month from when I receive your request.

Marketing emails

Please note if you wish to unsubscribe from any marketing emails that you receive from Chambers, you can do so emailing marketing@gclaw.co.uk (subject line ‘unsubscribe’). It may take up to one week for this to become effective.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at ico.org.uk/concerns/.

Future processing

I do not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on my website page.

Changes to this privacy notice

This privacy notice was published on 23 May 2018 and last updated on 20 November 2019.

I continually review my privacy practices and may change this policy from time to time. When I do it will be placed on my website page.

Contact details

If you have any questions about this privacy notice or the information I hold about you, please contact me or the Director of Operations and Human Resources, Mia Hakl-Law on miah@gclaw.co.uk.