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 information and how to contact us in the event you need further information.
Plowden Facilities Ltd collects, uses and is responsible for personal information about you. When we do this it is the ‘controller’ of this information for the purposes of the General Data Protection Regulations (GDPR) and the Data Protection Act 2018. Plowden Facilities Limited is registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data held (Policy number: ZA160945)
If you need to contact Chambers about your data or the processing carried out you can use the contact details at the end of this document.
2. WHAT DO WE DO WITH YOUR DATA?
2.1 Data collected
When carrying out the provision of legal services or providing a reference Chambers may collect some or all of the following personal data that you provide:
- personal details
- family details
- lifestyle and social circumstances
- goods and services
- financial details
- education, training and employment details
Where relevant, Chambers may also need to process special category personal data that reveals your:
- 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 information
- biometric information for the purpose of uniquely identifying a natural person
- criminal proceedings, outcomes and sentences, or related security measures
- other personal information relevant to instructions to provide legal services, including information specific to the instructions in question.
2.2 Information collected from other sources
The same categories of information may also be obtained from third parties, such as:
- members of Chambers,
- members of the public,
- your family and friends,
- courts and other tribunals,
- suppliers of goods and services,
- government departments,
- public records and registers
3. PERSONAL INFORMATION: PURPOSES
3.1 How your Personal Data may be used
Chambers may use your personal information for the following purposes:
- to promote and market the services of the Barristers
- to recruit staff and pupils
- to assess applications for tenancy, pupillage, Mini-Pupillage and work-shadowing opportunities
- to fulfil equality and diversity and other regulatory requirements,
- to manage matters relating to employment, including payroll [and pensions]
- to publish legal judgments and decisions of courts and tribunals
- to carry out anti-money laundering and terrorist financing checks
- as otherwise required or permitted by law.
3.2 Whether information has to be provided by you, and why
If Chambers have been instructed by you or on your behalf on a case, your personal information has to be provided, to enable us to provide you with advice or representation or the reference, and to enable us to comply with my professional obligations.
3.3 The legal basis for processing your personal information
In order that Chambers can provide legal services and representation for you, we must process your personal data. The UK General Data Protection Regulation (the UK GDPR) requires that where Chambers’ process personal data, we must have a lawful basis for doing so. The lawful bases identified in the UK GDPR that Chambers seek to rely upon are as follows:
- Consent of the data subject – where this required, Chambers will ensure that we have your specific consent for processing your data for the specified purposes. You will also have the right to withdraw your consent at any time. Where you do so this will not affect the legality of data processing which had taken place prior to your withdrawal of consent.
- Performance of a contract with the data subject, or to take steps to enter into a contract.
- Compliance with a legal obligation – to comply with various regulatory and professional obligations, e.g. filing tax returns with HMRC.
- The legitimate interests of Chambers business or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
Examples of legitimate interests include but are not limited to:
- Provision of legal services and advice.
- For purposes of practice management, accounting and debt recovery;.
- For completion of professional regulatory requirements.
- Processing for direct marketing purposes, or to prevent fraud.
- Reporting threats to public security.
- Such other purposes as set out below.
3.4 Special category processing
The UK GDPR specifies that where Chambers process special category data, we must rely upon certain exemptions in order to do so lawfully. The following exemptions are applicable in my practice
- Chambers has your explicit consent to do so; or
- It is necessary for the exercise or defence of legal claims or judicial acts.
3.5 Criminal data processing
On occasion, Chambers may process data relating to criminal offences where it is necessary for:
- The purpose of, or in connection with, any legal proceedings;
- The purpose of obtaining legal advice; or
- The purposes of establishing, exercising or defending legal rights
- Where I have your explicit consent to do so.
3.6 Who will Chambers 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. Chambers has 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:
- information processors, such as IT support staff, email providers, information storage providers
- 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
- Instructing solicitors
- education and examining bodies
- legal professionals
- experts and other witnesses
- prosecution authorities
- courts and tribunals
- Chambers’ staff
- trainee barristers
- 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
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 my consent or yours, 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.
3.7 Transfers to third countries and international organisations
Chambers does not transfer any personal data to third countries or international organisations.
4. HOW LONG WILL WE STORE YOUR PERSONAL INFORMATION?
4.1 We will normally store all your information:
- As per our data retention policy (copy available on request). This is because it may be needed for potential legal proceedings. At this point any further retention will be reviewed and the information 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 as soon as reasonably practicable after the information is marked for deletion.
- Equality and diversity data may be retained for use 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 we become 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 for as stated in our data retention policy.
As explained above, we are 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 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 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 information.
4.3 Your Rights
The UK GDPR gives you specific rights in terms of your personal data. For example, you have the right of access to the information I hold and what I use it for;
you can ask for a copy of the personal information I hold about you.
You can ask me to correct any inaccuracies with the personal data I hold, and you can ask me to stop sending you direct mail or emails or, in some circumstances, ask me to stop processing your details.
Finally, if I do something irregular or improper with your personal data, you can complain to the ICO if you are unhappy with how I have processed your information or dealt with your query. You may also seek compensation for any distress you are caused or loss you have incurred.
You can find out more information from the ICO’s website:
4.4 Marketing Emails
Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by following the instructions at the end of each marketing email.
5. HOW TO MAKE A COMPLAINT?
The UK GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.
6. CHANGES TO THIS PRIVACY NOTICE
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 the Chambers’ website.
7. CONTACT DETAILS
If you have any questions about this privacy notice or the information we hold about you, please contact us using the contact details below. The best way to contact Plowden Facilities Ltd is to email the Office Manager, Rachael Duck, at Rachael.Duck@plowdenfacilities.co.uk.
All of our barristers are authorised to practise in England and Wales – The Barristers’ Register