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 UK GDPR and 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.

Maitland Chambers is registered with the Information Commissioner’s Office (“ICO”).

WHAT DO WE DO WITH YOUR INFORMATION?

Information collected

When carrying out the provision of legal services (including acting as an arbitrator, expert, legal assessor/expert, adjudicator or mediator) 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

s. other personal data relevant to the arbitration, expert determination, adjudication, other dispute resolution process or mediation in which or in connection with which we have been appointed (or may be appointed), including data specific to the appointment in question

t. data relating to the process of appointing us as an arbitrator, expert, legal assessor/expert, adjudicator or mediator.

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, adjudications, other dispute resolution processes, and mediations

ii. to provide services as an arbitrator, expert, adjudicator, mediator, or legal assessor/expert where we have been appointed as such

iii. to check for potential conflicts of interest in relation to future potential cases

iv. to carry out anti-money laundering and terrorist financing checks

v. to publish legal judgments and decisions of courts and tribunals

vi. to promote and market our services

vii. to train barristers and when providing work-shadowing opportunities

viii. to recruit barristers, staff and pupils

ix. to assess applications for tenancy, pupillage, mini-pupillage and work-shadowing opportunities

x. to manage matters relating to employment, including payroll, pensions, and other benefits and/or deductions

xi. to fulfil our employment law obligations, including providing a safe place of work for our staff, barristers and pupils

xii. to respond to requests for references

xiii. to fulfil equality and diversity and other regulatory requirements

xiv. to procure goods and services

xv. to keep accounting records, carry out office administration including fee collection, and Chambers management

xvi. to take or defend legal or regulatory proceedings or to exercise a lien

xvii. to respond to potential complaints or make complaints

xviii. to comply with our obligations in relation to taxation

xix. to comply with the record-keeping obligations imposed by the Bar Standards Board Handbook in respect of public access and licensed access work

xx. to maintain a professional history and CV

xxi. 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 or by selecting the “unsubscribe” feature contained in any such communications.

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 services as an arbitrator, an expert, an adjudicator, a mediator, or a legal assessor/expert in or in connection with an arbitration, expert determination, adjudication, mediation or other dispute resolution process in which you are involved, 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 under "Information Collected" (these being categories which are considered to include particularly sensitive information, known as 'special category data' and which include information about criminal convictions or proceedings, we rely on your consent for any processing for the purposes set out in purposes (xiii), (xv), (xvii), (v), (vii) and (xii) 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 (xvii) and (xii) (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).
• If you are involved in an arbitration, expert determination, adjudication, other dispute resolution process or mediation in which or in connection with which we have been appointed as an arbitrator, expert, adjudicator, mediator or legal assessor/expert, then processing is necessary for the performance of a contract for our services in that connection, or for the performance of our statutory obligations in that connection.
• Our electronic mailboxes will be processed with our backup data storage provider for disaster recovery purposes.
• 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 (including Mimecast, who store a backup copy of our electronic mailboxes)
• other legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• arbitrators, umpires, adjudicators, and other dispute resolution panels
• mediators and others conducting non-binding dispute resolution processes
• individuals and organisations who appoint arbitrators, adjudicators, experts, legal assessors/experts and mediators
• 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 ICO. In the case of the ICO, 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.

If we have been appointed as an arbitrator, expert, adjudicator, legal assessor/expert or mediator then it may be necessary to share your information with a person or organisation responsible for making that appointment, or another person who may be entitled by law to seek such information from us by reason of the appointment.

We may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

Some barristers and pupils share rooms with fellow barristers and pupils. They will therefore share facilities for the storage of hard copy papers with those fellow barristers and pupils. Barristers and pupils, both professionally and pursuant to Chambers’ policies, are required to respect the confidentiality of the documents of other barristers and pupils.

If you instruct any of our barristers or pupils and require them to adopt specific security requirements for the storage of hard copy documents, you should draw this to the attention of the barrister or pupil or their clerk before the materials are sent.

Barristers and pupils sharing rooms will seek to ensure that planned calls and video conference calls are taken in separate facilities, but it may be necessary for calls to be taken in their shared rooms. If that raises a specific concern for you when instructing our barristers and pupils, you should draw this to the attention of the relevant barrister or pupil.

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 we are processing
• a person or organisation responsible for appointing us as arbitrator, expert, adjudicator, legal assessor/expert or mediator
• 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. Symantec anti-virus and Mimecast 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.

To address potential areas of conflict between our barristers if instructed on opposing sides of the same matter, we are able to implement access restrictions (“Information Barriers”) to matters where required.

Our database is held securely in the cloud 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.

Lockable storage is also available on request, for example where barristers are sharing a room with another barrister or pupil instructed on the other side of the same matter.

TRANSFER OF YOUR INFORMATION OUTSIDE THE UK

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 UK in any particular case or for a reference. However, if you reside outside the UK or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the UK then it may be necessary to transfer some of your data to that country outside of the UK for that purpose. If you are in a country outside the UK or if the instructions you provide come from outside the UK 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 UK have been assessed by the UK and their data protection laws and procedures and are found to provide adequate protection. The list can be found here. Most do not. If your information has to be transferred outside the UK, then it may not have the same protections and you may not have the same rights as you would within the UK.

If we are required to transfer your data outside the UK, we will ensure the transfer is lawful and appropriate safeguards are in place, for example:

a) the UK has issued regulations confirming that the country to which we transfer the personal information ensures an adequate level of protection for your rights and freedoms;

b) appropriate safeguards are in place such as standard contractual clauses approved for use in the UK, binding corporate rules (“BCR”), an approved code of conduct or a certification mechanism;

c) for occasional and non-routine transfers, an appropriate derogation is in place, such as:

• you have provided explicit consent to the proposed transfer after being informed of any potential risks;
• the transfer is necessary for the performance of a contract between us (for example if you instruct us from outside the UK or the matter is heard in a court outside the UK); or
• the transfer is necessary for one of the other reasons set out in the UK GDPR including reasons of public interest, to establish, exercise or defend legal claims or to protect your vital interests where you are physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest.

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 UK 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 (including services an expert, mediator, adjudicator or legal assessor/expert), 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.
• Where it relates to our work in providing services as an arbitrator, we will normally store your data for a period of at least 3 years from the conclusion of the arbitration, or the date of the final payment for our services as arbitrator, or the date on which all outstanding payments are written off, whichever is the later. Following the expiry of a retention period, 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, active complaints, or reasons connected with the conduct or outcome of the arbitration. 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 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.

Employees and Members of Chambers should refer to our Staff Privacy Notice, which outlines how long their personal data will be retained for. Applicants should refer to our Applicant Privacy Notice. Both notices are available from the Director of Clerking.

CONSENT

As explained above, we might 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 UK GDPR, you have a number of rights that you can exercise in certain circumstances. These are usually 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 UK GDPR please see the Guidance from the ICO 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;
• 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 may need to ask you to provide other information so that you can be identified. We will respond to you within one month from when we receive your request unless the request is complex, in which case we may need to rely on an additional two month timeframe to respond, in line with the UK GDPR.

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.

AUTOMATED DECISION-MAKING

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

1. Where we have notified you of the decision and given you 21 days to request a reconsideration;
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights; or
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

HOW TO MAKE A COMPLAINT?

The UK GDPR also gives you the right to lodge a complaint with the ICO 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 ICO can be contacted at http://ico.org.uk/make-a-complaint/.

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.

MEMBERS OF MAITLAND CHAMBERS WHO PROCESS PERSONAL DATA AS PART OF THEIR ROLE AS A MEMBER OF THE CHANCERY BAR ASSOCIATION

Where members of Maitland Chambers’ process personal data as part of their role as a member of the Chancery Bar Association (ChBA), the Chancery Bar Association Privacy Notice will apply instead of this Privacy Note: see www.chba.org.uk/about-us/membership/data-protection-notice.”

CHANGES TO THIS PRIVACY NOTICE

This privacy notice was published on 25 May 2018 and last updated on 9 February 2022.

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: John Wiggs, Director of Clerking, Maitland Chambers, 7 Stone Buildings, Lincoln’s Inn, London WC2A 3SZ, or by email to jwiggs@maitlandchambers.com. If your question relates to a specific barrister, please refer explicitly to the barrister’s name when contacting us.