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Privacy Statement

Please read the following information carefully. This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who we share this information with, the security mechanisms we have put in place to protect your data and how to contact us in the event you need further information.

Who are we?

We are the members of Maitland Chambers from time to time. We collect, use and are responsible for personal information about you.

When any one of us does this individually, he or she is the ‘controller’ of this information for the purposes of the GDPR and (when enacted) the Data Protection Act 2018.

When we do this as an organisation, we are all joint controllers of the information for those purposes.

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

What do we do with your information?

Information collected

When carrying out the provision of legal services or providing a reference, or otherwise interacting with you, we may collect some or all of the following personal information that you provide:

a.  personal details
b.  family details
c.  lifestyle and social circumstances
d.  goods and services
e.  financial details
f.  education, training and employment details
g.  physical or mental health details
h.  racial or ethnic origin
i.  political opinions
j.  religious, philosophical or other beliefs
k.  trade union membership
l.  sex life or sexual orientation
m.  genetic data
n.  biometric data for the purpose of uniquely identifying a natural person
o.  criminal proceedings, outcomes and sentences, and related security measures
p.  other personal data relevant to instructions (or potential instructions) to provide legal services, including data specific to the instructions in question q.  data relating to the process of instructing us
r.  data relating to our internal administration and management

Information collected from other sources.

The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, suppliers of goods and services, investigators, government departments, regulators, public records and registers, and referees.

How we may use your personal information: Purposes

We may use your personal information for the following purposes:

i.  to provide legal services to our clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations
ii.  to check for potential conflicts of interest in relation to future potential cases
iii.  to carry out anti-money laundering and terrorist financing checks
iv.  to publish legal judgments and decisions of courts and tribunals
v.  to promote and market our services
vi.  to train barristers and when providing work-shadowing opportunities
vii.  to recruit barristers, staff and pupils
viii.  to assess applications for tenancy, pupillage, mini-pupillage and work-shadowing opportunities
ix.  to manage matters relating to employment, including payroll, pensions, and other benefits and/or deductions
x.  to respond to requests for references
xi.  to fulfil equality and diversity and other regulatory requirements
xii. to procure goods and services
xiii.  to keep accounting records, carry out office administration including fee collection, and Chambers management
xiv.  to take or defend legal or regulatory proceedings or to exercise a lien
xv.  to respond to potential complaints or make complaints
xvi.  to comply with our obligations in relation to taxation
xvii.  to comply with the record-keeping obligations imposed by the Bar Standards Board Handbook in respect of public access and licensed access work
xviii.  to maintain a professional history and CV
xix.  as otherwise required or permitted by law.

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 our marketing
  • your attendance at our events
  • information about our business relationship

This will be processed so that you can be provided with information about us and to invite you to events.

You may contact us 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 we have been instructed by you or on your behalf on a case, or if you have asked us for a reference or applied for a position of any kind, you will have to provide personal information. This is to enable us to provide you with legal services, or to provide you with the reference, or assess your application, or administer your employment records, pay and pension. This is also to enable us to comply with our professional obligations and to keep accounting and other required records.

If you are offering or providing us with goods or services your information may be processed in relation to such offers or contracts.

The legal basis for processing your personal information

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

  • If you have consented to the processing of your personal information, then we may process your information for the purposes set out above to the extent to which you have consented to us 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 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) we rely on your consent for any processing for the purposes set out in purposes (xii). (xiii), (xv), v), (vi) and (x) above. We need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purposes (xv) and (x) (responding to potential complaints and providing a reference) we will be unable to take your case or to provide a reference. This is because we 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), we are 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, we rely on our 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 we can comply with a legal obligation to which we are subject (including carrying out anti-money laundering or terrorist financing checks).
  • The processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on us or you in connection with employment, social security or social protection.
  • The processing is necessary to publish judgments or other decisions of courts or tribunals.
  • The processing is necessary for the assessment of your working capacity or health or social care purposes.
  • The processing of information in categories (g), (h), (j) and (l), 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.
  • 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.

Who will we 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 barristers we have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.

We share data between ourselves. This includes data about our practices, including, for example, the names of professional clients and lay clients (where such data is not privileged or confidential) for the purposes of our administration, management, marketing, and compliance with law and regulation. We share data between ourselves about applicants (for pupillage, mini-pupillage, tenancy, or employment) in order to decide on those applications in accordance with law, regulation and our policies of fair recruitment. We also share data between ourselves for the purpose of training and assessing pupil barristers, and for the purpose of employing and managing staff and service providers, and other aspects of chambers management.

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

  • data processors, such as our staff, IT support staff, email providers, data storage providers
  • other legal professionals
  • experts and other witnesses
  • prosecution authorities
  • courts and tribunals
  • our staff
  • trainee barristers
  • lay and professional clients
  • family and associates of the person whose personal information we are 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
  • in the case of recruitment of barristers to or from other chambers, your current, past and prospective chambers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • the intended recipient, where you have asked us to provide a reference.
  • the general public, in relation to the publication of legal judgments and decisions of courts and tribunals.

We 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 our consent or your consent, which includes privileged information.

We 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 we obtain may include information which has been obtained from:

  • legal professionals
  • experts and other witnesses
  • prosecution authorities
  • courts and tribunals
  • trainee barristers
  • lay and professional clients
  • family and associates of the person whose personal information I am 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 us 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 our staff, IT support staff, email providers, data storage providers
  • public sources, such as the press, public registers and law reports.

How we keep your data secure

We use up-to-date data storage and security to hold your personal information securely in electronic and physical form, in order to protect your personal information from unauthorised access, improper use or disclosure, unauthorised modification or unlawful destruction or accidental loss.

All our members, staff and third party service providers who have access to confidential information (including personal information) are subject to confidentiality obligations.

Our local infrastructure is protected by a highly configurable perimeter firewall which has been ‘locked down’ to only allow a minimum number of data ports through, and making it extremely difficult to compromise.  Messagelabs Anti-virus and Anti-malware solutions are in place and regularly updated, along with our operating systems.

Our email system is held securely in the cloud by a major IT company that specialises in the legal market. This company monitors our in-house network on a 24/7 basis.

The in-house network stores our files and folders securely, and a backup is stored in the service company’s cloud service.

Our database is held securely by another IT company that also specialises in the legal market.

Both IT companies are ISO27001 accredited in respect of document management and email systems and the supporting infrastructure, and regularly undertake penetration testing on their systems. This is an independently verified certification that information security is managed in line with international best practice.

Our premises are access controlled and our electronic databases require logins and password authentication.

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. The list can be found here. 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.

We 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 us to store your data and/or backup copies of your data so that we may access your data when we 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. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.]
  • cloud data storage services based in other countries, in order to enable us to store your data and/or backup copies of your data so that we may access your data when we need to. These countries do not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection; for a list of such countries see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.]

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

We 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 we store your personal data?

We will normally store your data as follows:

  • Where it relates to our work in providing legal services, we will normally store your data until at least 1 year after the expiry of any relevant potential limitation period. This potential limitation period will usually be treated, for this purpose only, to be 15 years. The actual limitation periods which will apply and will be relied upon in respect of any claims may turn out to be substantially shorter. The retention period starts 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. We retain the data for this length of time because it may be needed for potential legal proceedings. Following the expiry of a retention period (which will usually first be this period of 16 years), any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. A further 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.
  • We will store some of your information, which we need to carry out conflict checks, for the rest of our careers. However, this is likely to be limited to your name and contact details, the name of the case, and brief details about the case. This will not include any information within categories (g) to (o) above.
  • Information related to anti-money laundering and terrorist financing 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 and other information held for marketing purposes (such as job titles and information provided during marketing and care meetings with clients) will be stored until it ceases to be of relevance to the services we provide.
  • Information in relation to fair access to work is retained permanently, in order to comply with our regulatory obligations.
  • Information in relation to complaints is retained for 6 years, to comply with our regulatory obligations.
  • Personal information held in relation to pupillage will be stored for 7 years, and in relation to mini-pupillage for 1 year, in each case from the date of the relevant application. These periods are set in the light of the minimum retention periods required as a matter of law, and in view of the facts that some such information will be used in assessing applications for tenancy made by barristers under 5 years of call, and it is a requirement that pupils start pupillage within 5 years of completing the BPTC, and pupillage applicants can apply to Chambers at the beginning of the year before that in which they start the BPTC.
  • Personal information in relation to applications for tenancy are stored for 1 year.
  • Other information which relates to the administration of Maitland Chambers and is recorded in minutes of administration meetings at Maitland Chambers or in administration documents circulated to us, will generally be retained permanently, for the purpose of administering and regulating the affairs of Maitland Chambers.
  • Information in relation to professional services provided to us is retained for so long as the services remain relevant, and will generally be retained at least for the applicable limitation periods in respect of the service in question (and therefore usually for at least 6 years since the carrying out of the service).
  • Information which relates to unsuccessful applicants for employment is retained for 1 year, on the basis of the relevant limitation periods.
  • Information which relates to employees and temporary workers will generally all be destroyed by 6 years after the individual has left Maitland Chambers, on the basis that the relevant limitation period is 6 years. However, in order to comply with our legal and regulatory obligations, and for the purpose of administering the relationship: interview notes, assessment papers and criminal records information are retained for 6 months, and copies of identification documents for 2 years, from the individual leaving Maitland Chambers; appraisal feedback is retained whilst the appraisal process is ongoing; disciplinary information is generally retained for 12 months (or less); and records relating to the Working Time Regulations 1998 are retained for 2 years.
  • In order to comply with our legal obligations, or on the basis of a limitation period of 6 years in respect of a breach of contract claim, payroll and salary records are generally retained for 6 years, save that income tax and national insurance records, and statutory maternity, paternity and shared parental pay records, are retained for 3 years from the end of the financial year to which they relate, or during which the relevant period ends.
  • In order to comply with our legal requirements, records of reportable injuries, diseases or dangerous occurrences are retained for 3 years from the date of the last entry; and medical records under the Control of Asbestos at Work regulations are retained for 40 years from the date of the last entry, or (in respect of medical examination certificates) 4 years from the date of issue.
  • Contact details of members and employees of Maitland Chambers are kept up to date, for the purposes of the administration of Maitland Chambers.
  • Equality and diversity data may be retained permanently 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.

Consent

As explained above, we rely on your explicit consent to process your information in categories (g) to (o) above. You provided this consent when you agreed that we would provide legal services, or applied to become a member of staff, tenant, pupil or mini-pupil, or asked us 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 we have carried out prior to you withdrawing your consent. However, where we also rely on other bases for processing your information, you may not be able to prevent processing of your data. For example, if you have asked us to work for you and we have spent time on your case, you may owe us money which we will be entitled to claim.

If there is an issue with the processing of your information, please contact us 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 we 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 us 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 our 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 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;
  • We 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.

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

Marketing Emails

Please note if you do not wish to keep in touch, click on the “No” button on our consent form. It will be effective immediately.

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 http://ico.org.uk/concerns/.

Future Processing

We 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 our website.

Changes to this privacy notice

This privacy notice was published on 25 May 2018 and last updated on 25 May 2018.

We continually review our privacy practices and may change this policy from time to time. When it does an amended privacy notice will be placed on our website.

Contact Details

If you have any questions about this privacy notice or the information we hold about you, please contact: Stewart Thompson, Chambers Director, Maitland Chambers, 7 Stone Buildings, Lincoln’s Inn, London WC2A 3SZ, or by email to SThompson@maitlandchambers.com. If your question relates to a specific barrister, please refer explicitly to the barrister’s name when contacting us.