- This is a privacy notice that describes how, why and for how long each relevant Member of Chambers will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
- The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
- The relevant member of Chambers has been instructed by you or your litigation friend, through your solicitor, accountant, Chartered Tax Adviser or agent, or via the Bar Pro Bono Unit.
- It is necessary for each relevant Member of Chambers to process your personal data in order for me to provide you with legal services, for example:
- Advise on the prospects of litigation or your dispute with HMRC;
- Advise on the value of your claim or the amount of tax which is due to HMRC;
- Representation at a court hearing (including before any tribunal);
- Representation at trial or other hearing;
- Advise, review or comment on legal issues or evidence;
- Advise on the tax consequences of the transaction or proposed planning which you are proposing to enter into or have entered into.
- Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.
- 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 each relevant Member of Chambers.
- If you have instructed the relevant Member of Chambers on a direct access basis, or engaged a solicitor, accountant (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 the relevant Member of Chambers to process your personal data for litigation purposes.
- If the relevant Member of Chambers is assisting you on a pro bono basis, it will be necessary for the relevant Member of Chambers 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
- Each relevant Member of Chambers 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, accountant or agent representing you, through whom the relevant Member of Chambers has 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
- In some cases each relevant Member of Chambers 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.
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 or to represent you in tax proceedings or on any enquiry with HMRC.
Each relevant Member of Chambers will retain your personal data for no longer than is necessary, and where it is possible, each relevant Member of Chambers will anonymise your data.
How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service the relevant Member of Chambers is providing you with is complete. However in general, each relevant Member of Chambers is obliged by the Bar Code of Conduct to retain records of cases, and by HM Revenue and Customs to retain records for 6 years.
Once your case has concluded and fees have been paid, the relevant Member of Chambers shall retain only the personal data necessary for the following purposes:
(i) The legal and professional obligation to retain information relating to cases;
(ii) To check for any potential conflict of interests that may arise in the future when each relevant Member of Chambers is 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.
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.
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.
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.
Withdrawal of your consent to process such data will most likely mean that each relevant Member of Chambers is no longer able to provide you with the legal services you seek.
You may request confirmation that your personal data is being processed by each relevant Member of Chambers and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.
You may request a copy of your personal data that is being processed by each relevant Member of Chambers. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.
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.
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.
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.
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).
Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, each relevant Member of Chambers shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort.
Each relevant Member of Chambers 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 (who are used by Exchequer Chambers).
Complaints or Queries
If you have any questions regarding this privacy notice, or how each relevant Member of Chambers use your personal data please email the relevant member of chambers (as provided on the website www.exchequerchambers.com), or our clerks: firstname.lastname@example.org, telephone 0203 150 0001.
The relevant member of chambers shall aim to respond as soon as possible, and within 30 days.
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 visit https://ico.org.uk/global/contact-us/
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