This notice explains how Fountain Court Chambers and its members collect, store, use and safeguard personal information. It further explains how you can view or change the information that we hold. The privacy of your information is important to us and we will only process personal data in accordance with applicable data protection laws and regulations, including the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
Fountain Court Chambers will review its policy periodically, with updates posted to the website. This notice is effective from 25 May 2018 and was last updated on 12 July 2018.
2 WHAT PERSONAL INFORMATION WE HOLD
If you instruct a member of Chambers to provide legal services, we will hold the information you have given us to enable those legal services to be provided. This may include your contact details, your payment details (including any payments made) and the information contained in any instructions you, or your solicitor, provide. Personal information may also be obtained relating to clients or other parties from a range of other sources, such as other legal professionals, lay and professional clients of members or pupils of Chambers, witnesses and experts (and potential witnesses or experts), external service providers, prosecution and regulatory authorities, courts and tribunals and publicly available information. We may also hold your personal information if it has been given to us by our clients, or if we have obtained it from another source, in order to provide legal services to our clients.
If you apply to Fountain Court Chambers for a job, mini-pupillage, pupillage or tenancy, we will hold the information you provided to us for the purposes of that application and any personal data collected in the course of taking references in support of an application or undertaking other checks in connection with the application.
We may ask you to provide your personal information when you request information through the website, or register for an event, which we may then store and use. The details we may ask for, or gather, include:
- Job title
- Contact details, e.g. business address, email and phone numbers
- Company name
- Health or dietary requirements
- The nature of your interest in Chambers’ events and marketing
- Your attendance at events
The information provided may be used to contact you by email or post and in order to facilitate your access to, or involvement in, the relevant events.
For information on what is collected through cookies on our website, please see the cookies policy on our website.
3 WHO CONTROLS YOUR PERSONAL INFORMATION?
If your information is being used by a member or pupil at Fountain Court in connection with the provision of legal services, your information will be controlled by that member or pupil.
Otherwise, your information will be controlled by Fountain Court Chambers. Separate to its members, Fountain Court Chambers is composed of a number of different organisations who act as joint controllers of personal data. They allocate responsibility between them as follows:
- If your data is being processed for an application for tenancy, pupillage, or mini-pupillage, it will normally be processed by the unincorporated association known as Fountain Court Chambers acting through the Head of Chambers, currently Stephen Moriarty QC.
- If your data is being processed in relation to an employed post at Fountain Court, it will normally be processed by FC Operations Ltd.
- In all other cases, your data will normally be processed by FCC Operations Ltd.
Fountain Court Chambers, its members and pupils have appointed a single point of contact for data protection concerns in relation to any of them. You can find these contact details in section 11 below.
4 THE PURPOSES FOR WHICH WE MAY USE YOUR PERSONAL INFORMATION
We may use your personal information for the following purposes:
a) For any purpose for which you consented to provide your personal information;
b) For recruitment and employment purposes, including to assess applications for tenancy, pupillage, mini-pupillage and work-shadowing opportunities and to respond to requests for references;
c) To provide legal services to our clients, including the provision of legal advice and representation;
d) For the purposes of acting as arbitrator, expert determiner, early neutral evaluator or mediator;
e) To manage and administer your or your organisation’s business relationship with Fountain Court Chambers or any of its members, including processing payments, accounting, auditing, billing and collection, and to keep accounting records and carry out office administration;
f) To comply with our legal and regulatory obligations including, but not limited to, complying with
i) Court orders;
ii) Our professional obligations;
iii) Our record keeping obligations; or
iv) Our obligations under anti-money laundering and anti-fraud laws.
g) To analyse and improve our services and communications to you;
h) To promote and market our services;
i) For insurance purposes;
j) To establish, exercise or defend legal rights;
k) For monitoring and assessing compliance with our policies and standards;
l) To respond to potential complaints or to make complaints and for use in the defence of legal proceedings or fee disputes and/or exercising a right to a lien;
m) To check for potential conflicts of interest in relation to any instructions or prospective instructions;
n) To procure goods and services;
o) To publish legal judgments and decisions of courts and tribunals;
p) Protecting the security of and managing access to our premises, IT and communication systems, online platforms, websites and other systems, preventing and detecting security threats, fraud or other criminal or malicious activities;
q) For the purpose of training barristers, pupils, mini-pupils or secondees;
r) For any purpose related and/or ancillary to any of the above; or
s) As otherwise required or permitted by law.
5 THE LEGAL BASES FOR USING YOUR PERSONAL INFORMATION
We may lawfully process your personal information:
- for any purpose to which you have expressly consented;
- where it is necessary to provide requested legal services or to otherwise perform a contract with you or to take steps prior to entering into such a contract;
- it is necessary in the public interest;
- in order to comply with our legal obligations;
- to protect the vital interests of you or another person; or
- for the establishment, exercise or defence of legal claims.
We may also lawfully process your information for the purposes of a legitimate interest of the person controlling your data, or another person, except where such interests are overridden by your fundamental rights and freedoms which require the protection of your personal information. These legitimate interests include:
- Where a member or pupil of Chambers has been instructed to provide legal services, the legitimate interests include providing those legal services, running their practices (including carrying out administrative and operational processes), handling complaints, checking for potential conflicts of interest, ensuring security, marketing and business development, monitoring and assessing compliance with our policies or standards, complying with legal and regulatory obligations, for insurance purposes, training barristers, pupils, mini-pupils and secondees and establishing, exercising or defending legal rights.
- Where you have provided information to Fountain Court Chambers for another purpose, including to apply for employment, tenancy, pupillage, mini-pupillage or work-shadowing, or to register for an event, the legitimate interests include assessing your application, planning and organising any event for which you have registered, marketing and business development, ensuring security, complying with legal and regulatory obligations, for insurance purposes, monitoring and assessing compliance with our policies and standards, analysing and improving our services and communications to you and establishing, exercising or defending legal rights.
- Where someone else has provided your information to Fountain Court Chambers, the legitimate interests include providing legal services to our clients, ensuring security, monitoring and assessing compliance with our policies or standards, complying with legal and regulatory obligations, for insurance purposes, training barristers, pupils, mini-pupils and secondees and establishing, exercising or defending legal rights.
6 WHO MAY ACCESS YOUR PERSONAL INFORMATION
The personal information we obtain will be accessed by members, clerks and other employees and support staff, and other agents of Fountain Court Chambers as far as is necessary for the purposes described above. In addition, we may disclose your personal information to:
- third parties to whom you have expressly agreed we can disclose your information;
- courts, tribunals, arbitral institutions or any arbitrator, mediator or expert adjudicator;
- lay and professional clients;
- other parties or their representatives in the matter to which the barrister’s or pupil’s instructions relate, or other legal professionals acting in such matter;
- witnesses or experts (and potential witnesses or experts);
- regulatory or governmental authorities such as HM Revenue & Customs, the Bar Standards Board, the Bar Council, the Financial Conduct Authority, the Information Commissioner and the Legal Ombudsman;
- providers of professional indemnity insurance;
- business associates, professional advisers, trade bodies and banks;
- external service providers;
- pupils, mini-pupils and secondees for training purposes;
- current, past or prospective employers;
- education and examining bodies;
- the Head of Chambers and other members of Chambers in the event of a complaint;
- the public in relation to the publication of judgments and decisions of courts or tribunals; and
- the extent required by law.
Except as provided in this privacy notice, we will not supply your personal information to third parties.
7 HOW LONG WE STORE YOUR PERSONAL INFORMATION
If there is no legal requirement for us to store your personal information, we will delete it when:
- it is no longer required for the purposes listed in section 4 above;
- when you withdraw your consent (if our use of your information relies on your consent); or
- when you exercise your right to have your information deleted (see section 10 below).
Data will be retained in accordance with Fountain Court Chambers’ retention policies, which are detailed here.
Where we are legally required to store your personal information, we will store it for as long as we are required to do so. We may also retain documents which contain your personal information for the purposes of legal research where it is not practicable to remove your personal information.
8 SECURITY OF YOUR PERSONAL INFORMATION
We are committed to ensuring that your information is secure. We take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
9 WHERE YOUR PERSONAL DATA WILL BE SENT
This notice is of general application and as such it is not possible to state whether it will be necessary to transfer personal data outside of the European Economic Area (EEA) in any particular case. In some cases, we may transfer personal data to a country outside the EEA, for example where the barrister’s instructions come from outside the EEA or it is necessary to communicate with someone outside the EEA in relation to those instructions, or where our members and pupils need to work while not themselves in the EEA.
Some countries and organisations outside the EEA have been determined by the European Commission to provide an adequate level of data protection. The list can be found here. Most non-EEA countries have not been assessed by the European Commission to provide adequate protection. If personal data has to be transferred outside the EEA, then it may not have the same protections and the person to whom it relates may not have the same rights as would be the case within the EEA.
If we need to process your data for the purposes of our Singapore office, or legal services provided from that office, we may transfer it to Singapore. If we do so, it will be transferred to FC Operations Singapore (Pte) Ltd on terms which provide equivalent data protections to those your data would have if it were held in the UK.
10 YOUR RIGHTS
Subject to certain legal conditions, you have the right to:
- Ask for a copy of the information we hold about you;
- To have incorrect or incomplete information corrected; and
- To object to or restrict our use of your personal information.
If you have given us your consent to use your information, you also have the right to withdraw your consent at any time, although this will not affect the lawfulness of any processing activity carried out prior to the withdrawal of consent or prevent us from processing your data if we have another basis for doing so.
We may not be able to give you access to your personal information if doing so would infringe the rights or freedoms of others. In particular, we will not be able to give you access to your personal information if we hold it under an obligation of confidentiality to our client, or in circumstances where legal professional privilege applies.
Please note that we will require you to provide appropriate evidence of your identity: we will usually accept a photocopy of your passport or driving licence photocard, plus a copy of a utility bill (dated within the last 3 months) showing your current address.
If you are dissatisfied with the way we respond to your request, you have the right to lodge a complaint with the Information Commissioner.
11 WHO YOU SHOULD CONTACT ABOUT YOUR PERSONAL INFORMATION
Any queries about personal information held by Fountain Court Chambers or any of its members or pupils (including any requests to exercise the rights set out above), or any questions, comments or requests regarding this privacy notice, should be made to the Data Protection Manager, Fountain Court Chambers, Fountain Court, London EC4Y 9DH, or by email to firstname.lastname@example.org.