1.1 This notice explains how Fountain Court Chambers, each of the tenants, door tenants and pupil barristers who practice from these chambers (“Barrister“) and our Singapore office collect, store, use, disclose and safeguard personal data. It further explains how you can access or change the personal data that we hold about you.
1.2 Fountain Court Chambers operates through various different entities, as explained below. This notice is provided on behalf of the following:
i. each Barrister;
ii. Fountain Court Chambers, an unincorporated association operating through the Head of Chambers from time to time (“FCC“);
iii. FCC Operations Limited (which mainly provides services to the Barristers) is an English registered company (number 1005227), whose registered office is at Place Campbell Accountants, Wilmington House, High Street, East Grinstead, West Sussex RH19 3AU (“FCCO“);
iv. FC Operations Limited (which acts as a management company for the purpose of employing staff of Chambers) is an English registered company (number 8809235), whose registered office is at Place Campbell Accountants, Wilmington House, High Street, East Grinstead, West Sussex RH19 3AU (“FCO“);
v. FC Operations (Singapore) Pte. Ltd. (which acts as a management company for the purposes of providing services to our Singapore office) is a Singaporean registered company (number 201425661K), whose address is at 77 Robinson Road, #16-00, Robinson 77, Singapore, 068896 (“FCSingapore“);
vi. Andrew Pullen Law Practice Private Limited (which is a company through which Andrew Pullen practises in Singapore), is a Singaporean registered company (number 201716210G), whose address is at 10 Collyer Quay, #40-36, Ocean Financial Centre, Singapore 049315 (“APLP“). For the purposes of this notice, APLP is included within the term “Barrister” insofar as it relates to Andrew Pullen.
1.3 As is apparent, the controller of your personal data might be an individual Barrister, an English company, or if you deal with our Singapore office, a Singapore company or companies.
1.4 This notice is governed by applicable data protection laws and regulations, including the Data Protection Act 2018 (“DPA“) and the General Data Protection Regulation (“GDPR“).
1.5 We will review this notice periodically, with any updated notice posted to the Fountain Court website. This notice is effective from 25 May 2018 and was last updated on 29 November 2018.
2. DEFINITIONS USED IN THIS NOTICE
2.1 These words and terms are defined in the GDPR and in the DPA, and are briefly explained here:
“personal data” means any information relating to an identified or identifiable living person.
“special category personal data” means personal data relating to a person’s racial or ethnic origins, political opinions, religious or philosophical beliefs or trade union membership, or a person’s genetic data, biometric data used to identify the person, health data or data concerning a person’s sex life or sexual orientation.
“controller” is the person or entity which determines the purpose and means of the processing of personal data.
2.2 We use the term “Chambers” to mean any of the controllers identified above.
3. PERSONAL DATA THAT WE HOLD
3.1 If you instruct 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 data 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 Barristers, 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 data 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.
3.2 If you apply to 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.
3.3 We may ask you to provide your personal data when you request information through the Fountain Court website, or register for an event, which we may then store and use. The details we may ask for, or gather, include:
ii. Job title
iii. Contact details, e.g. business address, email and phone numbers
iv. Company name
v. Health or dietary requirements
vii. The nature of your interest in Chambers’ events and marketing
viii. Your attendance at events
3.4 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.
3.5 For information on what is collected through cookies on our website, our cookies policy is available here.
4. WHO CONTROLS YOUR PERSONAL DATA?
4.1 If your information is being used by a Barrister in connection with the provision of legal services, your information will be controlled by that Barrister.
4.2 Otherwise, your information will be controlled by one or more of the entities described in section 1 above. We 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 12 below.
5. THE PURPOSES FOR WHICH THE BARRISTERS AND OTHER CONTROLLERS MAY USE YOUR PERSONAL DATA
5.1 Where the processing is undertaken by one of the Barristers:
a) the Barrister processes personal data in order to manage his or her professional practice, in order to provide legal services to clients (including acting as arbitrator, expert determiner, early neutral evaluator or mediator) and/or for the purposes set out in section 5.4 below; and
b) Barristers are controllers in respect of personal data that they are responsible for in the course of their practice and in the course of carrying out any of the activities set out in section 5.4 below.
5.2 Where Chambers allocates a particular instruction to a Barrister, FCC, FCCO and/or FCO is the controller of the data that it holds, and the Barrister then becomes a controller in respect of the personal data passed to him or her, and for the personal data the Barrister collects in the course of providing legal services.
5.3 The legal basis for such processing in the cases referred to in section 5.2 is:
a) consent of the data subject where that has been given; any other processing will be on the basis of FCC, FCCO and/or FCO, and/or the Barrister, having a legitimate interest in running the Barrister’s own practice or in the provision of legal services;
b) where FCC, FCCO and/or FCO, and/or a Barrister, processes special category personal data, that is done on the basis that such processing is necessary for the establishment, exercise or defence of legal claims, and for the provision of legal advice or in the context of litigation.
5.4 Processing undertaken by one or more of the Barristers and/or the other controllers may also be for the purposes of:
a) administering Chambers, Barristers and staff;
b) recruitment and employment, including to assess applications for tenancy, door tenancy, pupillage, mini-pupillage, secondment and work-shadowing opportunities and to respond to requests for references;
c) managing instructions that have not yet been allocated to Barristers;
d) managing and administering your or your organisation’s business relationship with Chambers or any of its Barristers, including processing payments, accounting, auditing, billing and collection, and to keep accounting records and carry out office administration;
e) complying with our legal and regulatory obligations including, but not limited to, complying with:
i. Court orders;
ii. professional obligations;
iii. record keeping obligations;
iv. obligations under anti-money laundering and anti-fraud laws.
f) analysing and improving our services and communications to you;
g) promoting and marketing our services;
h) obtaining and administering professional indemnity and other insurance;
i) establishing, exercising or defending legal rights;
j) monitoring and assessing compliance with our policies and standards;
k) responding 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;
l) checking for potential conflicts of interest in relation to any instructions or prospective instructions;
m) procuring goods and services;
n) publishing legal judgments and decisions of courts and tribunals;
o) 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;
p) training barristers, pupils, mini-pupils or secondees;
and for any purpose related and/or ancillary to any of the above, or as otherwise required or permitted by law.
5.5 The legal basis for such processing in the cases referred to in section 5.4 is:
a) the processing of data relating to staff, applicants, and workers generally is necessary for the performance of an employment or similar contract to which the controller and the person are parties. Any special category personal data is processed only for employment purposes, or for occupational health purposes;
b) you may have expressly consented to Chambers processing your data;
c) it may be necessary to provide the requested legal services or to otherwise perform a contract with you or to take steps prior to entering into such a contract;
d) it may be necessary in order to comply with our legal obligations; or
e) the establishment, exercise or defence of legal claims.
5.6 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 data. These legitimate interests include:
a) Where a Barrister 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.
b) Where you have provided information to 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.
c) Where someone else has provided your information to 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 DATA
6.1 The personal data we obtain will be accessed by Barristers, clerks and other employees, support staff and agents of Chambers, as far as is necessary for the purposes described above. In addition, we may disclose your personal data to:
i. third parties to whom you have expressly agreed we can disclose your information;
ii. courts, tribunals, arbitral institutions or any arbitrator, mediator or expert adjudicator;
iii. lay and professional clients;
iv. other parties or their representatives in the matter to which the Barrister’s instructions relate, or other legal professionals acting in such matter;
v. witnesses or experts (and potential witnesses or experts);
vi. 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;
vii. providers of professional indemnity insurance;
viii. business associates, professional advisers, trade bodies and banks;
ix. external service providers;
x. pupils, mini-pupils and secondees for training purposes;
xi. current, past or prospective employers;
xii. education and examining bodies;
xiii. the Head of Chambers and other members of Chambers in the event of a complaint;
xiv. the public in relation to the publication of judgments and decisions of courts or tribunals; and
xv. the extent required by law.
6.2 Except as provided in this privacy notice, we will not supply your personal data to third parties.
7. HOW LONG WE STORE YOUR PERSONAL DATA
7.1 If there is no legal requirement for us to store your personal data, we will delete it:
i. in accordance with Chambers’ retention policies, which are detailed here;
ii. when you withdraw your consent (if our use of your information relies on your consent); or
iii. if you have the right to have your information deleted (see section 11 below).
7.2 Where we are legally required to store your personal data, we will store it for as long as we are required to do so. We may also retain documents which contain your personal data for the purposes of legal research where it is not practicable to remove your personal data.
8. FAILURE TO PROVIDE PERSONAL DATA
If you are a client or a prospective client of Chambers or any Barrister, your failure to provide personal data when requested may result in the Barrister being unable to provide you with the legal services you seek.
9. SECURITY OF YOUR PERSONAL DATA
We are committed to ensuring that your information is secure. We take appropriate technical and organisational precautions to prevent the loss, misuse or alteration of your personal data.
10. WHERE YOUR PERSONAL DATA WILL BE SENT
10.1 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 the Barrister needs to work while not located in the EEA.
10.2 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 cannot rely on any of the available derogations to the general prohibitions on transfer of personal data outside the EEA, we will seek to make sure that you are aware of, and agree to, the transfer of data to outside of the EEA.
10.3 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 FCSingapore (and/or APLP if the Barrister instructed is Andrew Pullen in Singapore) on terms which provide equivalent data protections to those your data would have if it were held in the UK.
11. YOUR RIGHTS
11.1 Subject to certain legal conditions, you have the right to:
i. Ask for a copy of the information we hold about you;
ii. Have incorrect or incomplete information corrected; and
iii. Object to or restrict our use of your personal data.
11.2 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.
11.3 We may not be able to give you access to your personal data 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 data if we hold it under an obligation of confidentiality to our client, or in circumstances where legal professional privilege applies.
11.4 All of your rights are fully set out in GDPR and the DPA, which also explain any conditions that attach to your rights, and any exemptions that might apply.
11.5 Please note that, if you request to exercise any of the rights set out above, we will first 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.
11.6 If you are dissatisfied with the way we respond to your request, you should first complain to the Head of Chambers, and you have the right to lodge a complaint with the Information Commissioner.
12. WHO YOU SHOULD CONTACT ABOUT YOUR PERSONAL DATA
12.1 Any queries about personal data held by Chambers, any of the controllers identified above, or any of its Barristers (including any requests to exercise the rights set out above), or any questions, comments or requests regarding this privacy notice, should be made to:
Data Protection Manager
Fountain Court Chambers
or by email to email@example.com.
12.2 You have a right to complain to the Information Commissioner about the way we process your personal data. The Information Commissioner’s contact details are:
Information Commissioner’s Office
Tel: 0303 123 1113
The Information Commissioner’s website is at: www.ico.org.uk.