Privacy Policy

Keeping Your Information Secure

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 Chambers shares this information with, the security mechanisms Chambers has put in place to protect your information and how to contact Chambers in the event you need further information.

Data Controller

42BR Barristers (Chambers), collects, uses and is responsible for personal information about you. When Chambers does this it is the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018.

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

Why do we process personal data?

The vast majority of the information that we hold about you is provided to us by yourself when you seek to use our services or you are employed by us or work with in various capacities. We will tell you why we need the information and how we will use it.

Personal data is any information that can be used to identify an individual, and it can range from the most basic of details such as contact information through to more complex data.

Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by both the General Data Protection Regulation (the GDPR) and the Data Protection Act 2018.

However, not all personal data is considered equal. There are two different categories: 'personal data' and 'special categories of personal data'.

We collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Personal and family information, including names, dates of birth, and personal contact details;
Records of goods and services relevant to Chambers;
Records of education, training and employment;
Other personal information relevant to the provision of legal services, including information relevant to the specific instructions given in a case.

Sensitive and special data including:

Information about physical and mental health, including any relevant Covid-19 Track and Trace information;
Racial or ethnic origin
Religious, philosophical or other beliefs
Sexual orientation
Genetic and biometric information of natural persons;

How Do We Collect Information?

In most circumstances you will provide us with personal data when you get in touch with us whether this is to assist your barrister in the provision of legal services or when you are employed by us or are a Member of Chambers or provide services to us.

42BR may also obtain information from third parties, parties involved in legal proceedings, such as witnesses, courts, tribunal. In addition, we may obtain information from other employees, contractors and referees and individual Members of Chambers. Information may also be supplied by suppliers of goods and services, government departments, and public records including the media.

42BR complies with its obligations under the GDPR:

by collecting and retaining only data necessary to pursue Chamber’s legitimate business interests;
by ensuring that appropriate technical measures are in place to protect personal data;
by keeping personal data up to date;
by storing and destroying data securely.

How 42BR Uses Your Personal Information?

42BR may use your personal information for the following purposes:

Direct your enquiries to the appropriate barrister
Process or support payments for goods and services;
Maintain the safety, security and integrity of our services;
Investigate and address your concerns or any complaints relating to our services;
Communicate with you about services, news, updates and events;
Investigate or address legal proceedings relating to your use of our services or as otherwise allowed by applicable law;
Make statutory returns as required by law;
to promote and market the services of the Barristers;
to assess applications for and provide: tenancy, pupillage, mini-pupillage and work-shadowing opportunities;
to facilitate work experience;
to fulfil all regulatory and operational obligations as employers;
to publish legal judgments and decisions of courts and tribunals;
to comply with COVID-19 Track and Trace regulations;
as otherwise required or permitted by law.

Where any part of our processing includes automated decision-making, we ensure that the proposed decisions are reviewed by a member of staff before being applied. You will always be able to get an explanation for the decision and to challenge it if you are unhappy with it.

Our Legal Basis For Processing Your Personal Information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

Consent of the data subject
Performance of a contract with the data subject or to take steps to enter into a contract
Compliance with a legal obligation
To protect the vital interests of a data subject or another person
Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Chambers relies on the following as the lawful bases to collect and use your personal information:

If you have consented to the processing of your personal information, then Chambers may process your information for the Purposes set out above to the extent to which you have consented to Chambers doing so.
In relation to information in the categories above (these being categories which are considered to include particularly sensitive information and which include information about criminal convictions or proceedings), Chambers is entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for the establishment, exercise or defence of legal rights.
In relation to information which is not in deemed as sensitive information in the categories above, Chambers relies on its legitimate interests and/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above.
In relation to information which is in the categories above (these being categories which include particularly sensitive information and which include information about criminal convictions or proceedings), Chambers relies on your consent for any processing for the purposes set out in purposes (a), (h), (i) and (j) above. However, if you do not consent to processing for the purpose of providing a reference Chambers will be unable to take or provide a reference. This is because Chambers needs to be able to retain all information about you to provide an informed and complete reference.
The processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on Chambers or you in connection with employment, social security or social protection.
The processing is necessary for the assessment of your working capacity or health or social care purposes.
The processing of information in sensitive categories 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.
In certain circumstances processing may be necessary in order that Chambers can comply with a legal obligation to which it is subject (including carrying out anti-money laundering or terrorist financing checks).

Legal Obligation

42BR is required to process information to comply with various legal obligations including record keeping, administration and regulatory activities. As an employer we also have additional employment related legal obligations.

Legal Contract

We are required to process personal information to enter into and fulfil various obligations for contracted services or relating to employment contracts.

Public Interest

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. In addition, it may be necessary to process relevant Covid-19 Track and Trace information

Legitimate Interest

We will rely on the legitimate interest of 42BR when processing information for the purposes set out above to include the management, administration and operation of Chambers, for all business development and marketing purposes, to conduct all employment functions and obligations, to comply with all regulatory functions required by professional regulators

Consent

On occasion we may rely upon your consent particularly in relation to our marketing activity. At all times you retain the right to withdraw your consent. Where we have relied upon your consent and you opt to withdraw it this does not invalidate our lawful basis for processing data historically.

Special category processing

If we are processing special categories of data such as medical records, we are entitled by law to do so where it is necessary for the purposes of employment law and to support individuals with a particular disability or medical condition. We may also obtain your consent to process this type of data.

If we are processing any special category of data such as any Covid-19 related data, including Track and Trace information, we are entitled by law to do where the collecting the data is likely to be in the interests of the individual, the organisation, and the public health, in the efforts to tackle COVID-19.

Criminal data processing

On occasion, 42BR may process data relating to criminal offences where it is necessary for the purpose of, or in connection with, any legal proceedings; obtaining legal advice; or establishing, exercising or defending legal rights. We may also request your specific consent to process this type of data.

Who Will 42BR Share Your Personal Information With?

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

Delivery partners;
Any other party where we ask you and you consent to the sharing;
Our legal advisors in the event of a dispute or other legal matter;
Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
Regulatory bodies including the Bar Standards Board and the Legal Ombudsman;
Recruitment agencies;
Courts and tribunals;
Members of 42BR including Barristers and trainee Barristers;
Advisers and other parties involved in any matter you discuss with us, or engage a member of 42BR to act on, such as professional clients, lay clients and professional clients;
Next of kin for employees and members;
The general public in relation to the publication of legal judgments and decisions of courts and tribunals;
Any Public Health Authority in relation to any Covid-19 Track and Trace information.
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
Legal professionals
Experts and other witnesses
Prosecution authorities
Courts and tribunals
Chambers’ staff
Lay and professional clients of Members of Chambers
Current, past or prospective employers
Education and examining bodies
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

Except for the reasons set out above 42BR will not share your personal data with third parties without obtaining your prior consent. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide on our behalf.

Transfer Of Your Information Outside The European Economic Area (EEA)

We do not transfer any personal data to third countries or international organisations.

How Long Do We Keep Your Personal Data?

We retain your personal data while you remain a client, member, pupil or employee unless you ask us to delete it. Our Retention and Disposal Policy (copy available on request) details how long we hold data for and how we dispose of it when it no longer needs to be held. We will delete or anonymise your information at your request unless:

There is an unresolved issue, such as claim or dispute;
We are legally required to retain the data to meet out legal, statutory and regulatory obligations;
There are overriding legitimate business interests, including but not limited to fraud prevention and protecting clients' safety and security.

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. Where those circumstances are established, 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 supplement information 42BR holds on you;
Ask for your personal information to be erased;
Receive a copy of the personal information you have provided or have this information sent to a third party;
Object at any time to processing of your personal information for direct marketing;
Object to the continued processing of your personal information;
Restrict 42BR processing of your personal information.
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, or for any further enquiries relating to data protection at 42BR please contact DP@42br.com

You may also raise a complaint directly with the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

Marketing

You may opt out of receiving emails and other messages from our organisation by following the instructions in those messages. Alternatively, if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by sending an email to Events@42br.com with the word “unsubscribe” in the subject box.

It may take 21 days for this to become effective.

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. We use cookies to:

Validate users;
Remember user preferences and settings;
Determine frequency of accessing our content;
Measure the effectiveness of advertising campaigns; and
Analyse site visits and trends.

Future Processing

Chambers does 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 the Chambers’ website at www.42br.com

We will occasionally update our Privacy Notice. When we make significant changes, we will publish the updated Notice on our website.

Changes to this privacy notice

This privacy notice was published in July 2023

Chambers continually reviews its 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

Contact Details

If you have any questions about this privacy notice or the information Chambers holds about you, please contact Chambers using the contact details below.

The best way to contact Chambers is to email DP@42br.com

The appointed Data Protection Manager is the Chambers Director, Vincent Denham.