Lincoln House Chambers is committed to safeguarding the privacy of those whose personal data comes into our possession. This can include visitors to our website and clients.
In this policy, where we use the terms “we”, “us” or “our” we are talking about Lincoln House Chambers, the Barristers who practice from Lincoln House Chambers or the staff who are employed by Lincoln House Chambers.
Personal data is any information relating to an identified or identifiable individual.
Special category personal data is data that reveals racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic and or biometric data, details of health, sex-life or sexual orientation.
This policy explains:
What personal data we collect;
How we collect, store, use or share your personal data;
Why we collect your personal data;
Your rights in relation to your personal data; and
Who and how to contact in the event of a concern or a complaint about the way your personal data has been collected, store, used or shared.
The Legal Basis for our processing data
The lawful basis is that the processing is necessary in relation to a contract which the data subject has entered into with us (either directly or through an intermediary), or because the data subject has asked for something to be done so they can enter into a contract. If we are instructed to act in a case where the data subject is not our client (for example if we prosecute the case) the legal basis is that the processing is necessary for administering justice, or for exercising statutory, governmental, or other public functions.
We are entitled by law to process information where processing is necessary for legal proceedings, legal advice or otherwise for establishing, exercising or defending legal rights
In relation to the legal basis for promotional communications (please see below), the processing is in accordance with the “legitimate interests” condition.”
In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which we are subject (including carrying out anti- money laundering or terrorist financing checks).
What personal data do we collect?
Personal data we may collect
Your name, address, telephone numbers (including mobiles) and emails
Date of birth
Information to enable us to check and verify your identity, e.g. your passport details
Electronic contact details, e.g. your email address and mobile phone number
Information relating to the matter in which you are seeking our advice or representation
Your financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing us directly
Your National Insurance and tax details
Your bank and/or building society details
Details of your social media presence
Details of your spouse/partner and dependants or other family members
Your financial details, bank accounts, savings and pension details
Your education and training details
Your employment status and details including salary and benefits, as well as records
Your nationality and immigration status and information from related documents
Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs
Your lifestyle and social circumstances
Your trade union membership
Your medical records including physical or mental health details and genetic data and biometric data
Details of 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.
This personal data may be required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.
How is your personal data collected?
We collect most of this information from your solicitor or you. However, we may also collect information:
- From publicly accessible sources, e.g. social media or Companies House;
- Directly from a third party such as enforcement bodies and those with responsibilities for prosecuting criminal offences;
- From a third party with your consent, e.g.:
- Consultants and other professionals engaged in relation to your matter;
- Your employer, trade union or professional body;
- Doctors, medical and occupational health professionals;
- Insurance companies.
- Via our information technology (IT) systems, e.g.:
- Case management and document management systems; and
- Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.
How and why we will use your personal data
We can only use your personal data if we have a proper reason for doing so.
We may use personal data to:
- Provide legal services;
- Conduct checks to identify our clients and verify their identity;
- Comply with professional, legal and regulatory obligations that apply to our business, e.g. rules issued by our professional regulator;
- Gather and provide information required by or relating to audits, enquiries or investigations by regulatory bodies;
- Ensure business policies are adhered to, e.g. policies covering security and internet use;
- Improve efficiency, train staff or assess quality control;
- Provide experience and training to pupil barristers and mini pupils and occasionally work experience students;
- Ensure the confidentiality of commercially sensitive information;
- Conduct statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures;
- Prevent unauthorised access and modifications to systems;
- Update client records;
- Complete statutory returns;
- Ensure safe working practices, staff administration and assessments.
Market our services to:
- Existing and former clients;
- Third parties who have previously expressed an interest in our services;
- Third parties with whom we have had no previous dealings.
Undergo external audits and quality checks, e.g. for Lexcel, ISO or Investors in People accreditation and the audit of our accounts
We will process data in those ways for the following reasons:
- To comply with our legal and regulatory obligations;
- For the performance of our service for you or to take steps at your request before providing our service;
- For our legitimate interests or those of a third party; or
- Where you have given consent.
- A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
We will only process special category personal data with your explicit consent.
We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services.
We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we will use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal data with the utmost respect and never share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by contacting us or unsubscribing from emails.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal data with
In providing services to you we will of course have to share your data with your instructed barrister(s). We may also have to contact other organisations about you, these may include:
- 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;
- Education and examining bodies;
- Legal professionals;
- Experts and other witnesses;
- Prosecution authorities;
- Courts and tribunals;
- Litigation funders;
- 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
- The general public in relation to the publication of legal judgments and decisions of courts and tribunals [this requires the production of a policy document to comply with this obligation – DPA Bill sch. 1 Part 2. para. 5(1)].
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 Chambers’ consent or your consent, 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.
We only allow our service providers (such as our IT Contractors, external accountants and typists) to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
We will not share your personal data with any other third party unless we have your specific permission to do so.
Where your personal data is held
Information may be held at our offices, by service providers, representatives and agents as described above (see ‘Who we share your personal data with’). Information may also be held in our externally hosted computer and e-mail servers.
All of these providers, and technology, are based within the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.
How long your personal data will be kept
We may keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:
- To respond to any questions, complaints or claims made by you or on your behalf;
- To show that we treated you fairly;
- To keep records required by law.
We will not retain your data for longer than necessary. Different retention periods apply for different types of data and we have a specific data retention policy which provides more detail. In general we will not retain material for longer than 7 years and if we do it will be for a specific legal purpose which will be recorded.
When it is no longer necessary to retain your personal data, we will delete or anonymise it or return it to those who have instructed. Please see our policy for more information.
Transferring your personal data out of the EEA
To deliver services to you, it may be necessary for us to share your personal data outside the European Economic Area (EEA), eg:
- If you have offices outside the EEA;
- With your service providers located outside the EEA;
- If you are based outside the EEA;
- Where there is an international dimension to the matter in which we are advising you.
These transfers are subject to special rules under European and UK data protection law.
We have a register of the countries to which we may transfer personal data which have been assessed by the European Commission as providing an adequate level of protection for personal data.
If there is a requirement to transfer data to a non-EEA country, which does not have the same data protection laws as the United Kingdom and EEA, we will ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission. To obtain a copy of those clauses please refer to ICO guidance.
If you would like further information please contact our Data Protection Administrator (see ‘How to contact us’ below).
You have the right to access your data free of charge, have it rectified (if there are mistakes in your personal data), to be forgotten (in certain situations), to restrict our processing of your data (e.g. if it is inaccurate) following rights, which, to request a copy of the data we hold, to object to your data being processed for marketing purposes or the continued use of your data for our legitimate interests and not to be subject to profiling.
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
- Complete a data subject request form—available on request from David Wright; or
- Email, call or write to us — see below: ‘How to contact us’; and
- Provide sufficient information for us to identify you (e.g. your full name, address and client or matter reference number);
- Let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
- Let us know what right you want to exercise and the information to which your request relates.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
All parties subject to GDPR confirm, by their entering into a contract with Lincoln House Chambers, that they are compliant with GDPR.
All information relating to Chambers business should be sent via the correct channels (by post to Lincoln House Chambers, using the Lincoln House Chambers Email facility or the Chambers CJSM accounts). Please do not correspond with barristers or staff on Chambers business matters using personal e-mail accounts or social media
How to complain
We hope that we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.