Introduction
1. Demstone Chambers is a limited company (Demstone Chambers Ltd) which provides legal administration and clerking services to self-employed members. Demstone Chambers is registered with the Information Commissioner’s Office (“ICO”) under reference: ZA744024. Our registered address is Suite 7.2 The Adelphi Mill Grimshaw Lane, Bollington, Macclesfield, England, SK10 5JB and our Data Protection Lead can be contacted at: clerks@demstonechambers.co.uk
2. This policy may be adopted by chambers’ individual barrister members, who provide legal services to members of the public, in which case, the references to Demstone Chambers and “we”, “us” “our” etc. should be read as references to the individual barrister member.
3. Demstone Chambers may also send this policy to its own barrister members, staff and contractors, in which case it shall function as Chambers’ policy in relation to those persons.
Scope
4. This document explains:
(i) what information we collect;
(ii) how we collect information and who we collect it from;
(iii) how we store and use the information we collect;
(iv) the basis on which we collect personal information; and
(v) when we may disclose it to others.
What information we collect
5. The personal information which Demstone Chambers may collect includes information of the following kinds:
- personal information, including names, dates of birth, addresses, and other personal contact details;
- financial details, for example, bank details;
- information relating to goods and services relevant to Demstone Chambers;
- records of education, training, and employment;
- information about physical and mental health;
- sensitive and special data including:
- racial or ethnic origin;
- sexual orientation;
- philosophical, religious, or other similar beliefs;
- political opinions;
- trade union membership;
- any other personal information that is relevant to, or enables us to, provide legal services.
How we collect information and who we collect it from
6. We may obtain information from those who contact or interact with us, including: clients, third parties, members, pupil barristers, members of the public, family and friends of clients, witnesses, courts, tribunals, suppliers of goods and services, and government departments.
7. You provide us with personal data when you contact us by email or telephone, or via our website. The data we collect and process may include: first names, surnames, contact details, cookies, IP address, and information regarding the pages of our website that you have accessed and when. We collect this information primarily for the administration and supply of legal services or in fulfilment of contracts, however, the full legal basis for processing is set out below.
How we store and use your information
8. We collect and retain only that data which is necessary to achieve Demstone Chambers’ legitimate business interests and/or which we have obtained via your consent in order to provide legal services. We strive to ensure that the technology we use is sufficiently robust to protect your data. We store and destroy your data securely. We may use your personal data for the following purposes:
- to direct your enquiries to the appropriate member or members of staff
- to maintain the administration of our services, including obtaining goods and services for our business and maintaining the functioning of our premises
- to provide legal services to you
- to process or support payments for goods and services
- to investigate and respond to any complaints
- for marketing our services;
- to defend or engage with legal proceedings;
- to comply with legal obligations
- for internal training, recruitment and work experience
- to fulfil regulatory requirements
- to respond to requests for references
- to publish legal judgments and decisions of courts and tribunals
- to carry out anti-money laundering and terrorist financing checks
- to safeguard staff and members at Demstone Chambers
- for business development and marketing
- as otherwise required or permitted by law.
9. We may transfer your data outside the United Kingdom and EEA, including to cloud based information storage software and processing services based in the USA. We will do this in order to administer and supply legal services or in fulfilment of contracts, however, the full legal basis for processing is set out below.
10. We will not otherwise transfer personal information outside the UK except as necessary for the conduct of any legal proceedings or to comply with regulatory obligations.
Legal basis for processing
11. The legal basis of our holding your personal data is likely to be the legitimate business interests of Demstone Chambers, your consent, or in fulfilment of a contract. All the possible bases are set out below.
12. Legal Obligation: to comply with legal obligations, including regulatory obligations relating to record keeping and anti-money laundering and terrorist financing checks, employment related legal obligations and the resolution of complaints.
13. Contract: matters relating to a contract for goods and services either provided by or to Demstone Chambers, including matters relating to the performance of an employment or similar contract.
14. Public Interest: in some cases, to prevent or detect unlawful acts; this will apply where it is in the public interest and must be carried out without consent.
15. Legitimate Interest: when processing information, we will rely on the legitimate interests of Demstone Chambers for the purposes set out above. This includes business development or administrative functions of Demstone Chambers, and to enable us to comply with our obligations under the Equality Act 2010 and other similar legislation.
16. Consent: sometimes we may rely on your consent. This usually applies to Chambers’ clients though it might also apply to Chambers’ staff, contractors, or barristers who are members of chambers. Where we rely on your consent to process your personal data, you may withdraw that consent at any time. Withdrawal does not affect the lawfulness of processing carried out before consent was withdrawn.
Sharing your information
17. It may be necessary to share your information with the following:
- our legal advisers in the event of a dispute or other legal matter;
- public authorities; law enforcement agencies, or regulatory bodies (such as the Bar Standards Board, Legal Ombudsman, or Information Commissioner’s Office) in order to meet our legal obligations;
- IT contractors/website and digital marketing services providers;
- IT software providers;
- persons advising or assisting us in connection with the administration of Demstone Chambers, such as accountants, lenders or brokers, marketing agencies;
- other barristers chambers;
- solicitors firms;
- expert witnesses;
- other parties, bodies, or professionals in relation to legal disputes or any other matter in which Demstone Chambers is instructed;
- courts and tribunals;
- members of Demstone Chambers including pupil barristers, paralegals and staff;
- advisers and other parties involved in any matter you discuss with us, or in connection with which you engage a member of Demstone Chambers to provide services, such as professional clients and lay clients;
- a recipient of a reference you have asked us to provide;
- where legal judgments and decisions of courts and tribunals are published, the general public;
- where you leave a services review on an online forum, and we respond to that review, the general public.
18. We will treat your personal data as confidential subject to what is stated in this policy.
How Long We Keep Your Personal Information
19. We retain your personal data while you remain a barrister member, client, pupil, paralegal, employee, contractor or services provider, or any other person who interacts with us via the website, unless you ask us to delete it. This is subject to meeting our regulatory obligations and needing to retain such data to make or defend legal or regulatory claims (including for insurance purposes) of any nature whatsoever, including but not limited to preventing fraud. Usually, we will hold this data for at least one year after the expiry of any limitation period. The limitation period will usually be six years (i.e. a total retention period of seven years), but may be as much as 15 years, from the date on which the last piece of work was carried out for you, or the last payment received by you, whichever is later. After the expiry of this period, information will be deleted without further notice.
Your Rights
20. Under the UK GDPR, you may have the right to:
- ask for access to your personal data;
- ask for your personal data to be erased;
- ask for correction of mistakes in the records we hold containing your data;
- receive a copy of the personal data;
- object to the continuing processing of your personal data or seek to restrict the same.
21. To exercise these rights, please contact us by email at: clerks@demstonechambers.co.uk
22. You may also raise a complaint directly with the Information Commissioner’s Office.