Privacy Notice

Please read the following information carefully. This Privacy Notice gives notice and contains particulars in respect of the information about you which is collected, stored and otherwise processed and the reasons for the processing of that information. It also tells you with whom I share this information, the security measures I have put in place to protect your information and how to contact me in the event that you need any further help about this.

Who am I?

Alexander Wilson, in the course of providing legal services or other activities, collects, uses and is responsible for personal information about you. When I do this, I am the ‘controller’ of the information for the purposes of the General Data Protection Regulation (EU) 2016/679 (commonly referred to as “GDPR”) and the Data Protection Act 2018.

If you need to contact me about your information or the processing of it, you may use the contact details at the end of this document.

What do I do with your information?

Information collected

When carrying out the provision of legal services or providing a reference, I may collect some or all of the following information about you (the “Information”):

  1. Personal details, such as name, address, telephone number and e-mail address;
  2. Details about your family;
  3. Lifestyle and social circumstances;
  4. Goods and services, supplied, received, used &c.;
  5. Financial details;
  6. Education, training and employment details;
  7. Physical and mental health details;
  8. Racial or ethnic origin;
  9. Political opinions;
  10. Religious, philosophical or other beliefs;
  11. Trade union membership;
  12. Sex life, sexual orientation and gender identification;
  13. Genetic data;
  14. Biometric data for the purpose of uniquely identifying a natural person;
  15. Criminal proceedings, outcomes and sentences and any related security measures;
  16. And any other personal information relevant to instructions to provide legal services, including data specific to the instructions in question.

This Information may be provided by you or received from others in the course of providing services to you, as described below.

Information collected from other sources.

 The same 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, investigators, government departments, regulators, and public records and registers.

How I use the Information

I may use the Information for the following purposes (the “Purposes”):

  1. To provide legal services to my clients, including the provision of legal advice and representation in courts, tribunals, arbitrations and mediations;
  2. To keep accounting records and carry out office administration;
  3. To take or defend legal or regulatory proceedings or to exercise a lien[1];
  4. To respond to potential complaints or make complaints;
  5. To check for potential conflicts of interest in relation to future potential cases;
  6. To promote and market my services;
  7. To carry out anti-money laundering and terrorist financing checks;
  8. To train other barristers and when providing work-shadowing opportunities;
  9. To respond to requests for references;
  10. When procuring goods and services; and
  11. As otherwise required or permitted by law.

 

Do you have to provide the Information? Why?

If I have been instructed by you or on your behalf in a case or if you have asked for a reference, the Information will be needed to enable me to provide you with advice or representation or the reference as well as to enable me to comply with my professional obligations and to keep accounting records.

The list of Information I may collect is extensive but I will only ask you to provide Information that is or appears to be or is reasonably likely to be relevant and pertinent to the services being provided by me.

The legal bases for processing the Information

I rely on the following as the lawful bases for which I collect and process your personal information (the “Bases”):

  1. If you have consented to the processing of the Information, then I may process the Information for the Purposes set out above to the extent to which you have consented to me doing so;
  2. If you are a client, processing the Information is necessary to the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract;
  3. In relation to Information which is in categories g. to o. (these being categories which are considered to include particularly sensitive information and which include information about criminal convictions or proceedings), I rely on your consent for any processing for the Purposes b., d., f., h. and i. I need your consent to process the Information for these particular Purposes. If you do not consent to the processing of the Information for Purpose d., I will not be able to accept instructions from you (i.e., take your case). This is because I need to be able to retain all the material about your case until there is no prospect of a complaint. If you do not consent to processing of the Information for Purpose i., I will not be able to provide a reference. This is because I need to have all the material about you to provide an informed and complete reference;
  4. In relation to Information in categories g. to o. . (these being categories which are considered to include particularly sensitive information and which include information about criminal convictions or proceedings), I am entitled by law to process the information where processing is necessary for legal proceedings, legal advice or for establishing, exercising or defending legal rights;
  5. In relation to Information which is not in categories g. to o., I rely on my legitimate interest and / or the legitimate interests of a third party in carrying out the processing of the Information for the Purposes; and
  6. In certain circumstances processing the Information may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).

 

With whom will I share the Information?

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 knowledge in the course of any proceedings or otherwise. As a barrister, I have an obligation to keep your Information confidential, except where it otherwise becomes public knowledge or is disclosed as part of any case or in proceedings.

It may be necessary to share the Information with the following:

  1. Data processors, such as Chambers staff, IT support staff, email providers or data storage providers;
  2. Other legal professionals and advisers;
  3. Experts and other witnesses;
  4. Prosecution authorities;
  5. Courts and tribunals;
  6. Trainee barristers;
  7. Lay clients;
  8. Family and associates of the person whose personal Information I am processing;
  9. In the event of complaints, the Bar Standards Board or the Legal Ombudsman;
  10. Other regulatory authorities;
  11. Current, past or prospective employers;
  12. Education and examining bodies;
  13. Business associates, professional advisers and trade bodies (e.g., the General Council of the Bar); and
  14. The intended recipient, where you have asked me to provide a reference.

 

Notwithstanding the above, I may be required to provide the Information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a possibility that the Information (including privileged Information) may be lawfully disclosed by them without my consent or yours for other civil or criminal proceedings.

I may also disclose the Information to the police or intelligence services, where required or permitted by law.

Sources of the Information

The Information I obtain or receive may be obtained (wholly or in part) from:

  1. Other legal professionals and advisers;
  2. Experts and other witnesses;
  3. Prosecution authorities;
  4. Courts and tribunals;
  5. Trainee barristers;
  6. Lay clients;
  7. Family associates of the person whose Information I am processing;
  8. In the event of complaints, the Bar Standards Board and the Legal Ombudsman;
  9. Other regulatory authorities;
  10. Current, past or prospective employers;
  11. Education and examining bodies;
  12. Business associates, professional advisers and trade bodies (e.g., The General Council of the Bar);
  13. The intended recipient, where you have asked me to provide a reference;
  14. Data processors, such as Chambers staff, IT support staff, email providers and data storage providers; and
  15. Public sources, such as the press, public registers and law reports.

 

Transfer of the Information outside of the European Economic Area (“EEA”)

 This Privacy Notice is of general application and, as such, it is not possible to state whether it will be necessary to transfer the Information (in whole or in part) outside of the EEA in any particular case or for a reference. However, if you reside outside of the EEA or your case or the role for which you require a reference involves persons, organisations, courts or tribunals outside of the EEA, then it may be necessary to transfer some of the Information to the relevant country for one of the Purposes. If you are in a country outside of the EEA or if the instructions you provide come from outside of the EEA then it is inevitable that the Information will be transferred to countries outside of the EEA. If this applies to you and you wish additional precautions to be taken in respect of the Information, please indicate this when providing initial instructions.

Some countries and organisations outside of the EEA have been assessed by the European Commission in accordance with the applicable data protection laws and procedures and found to demonstrate adequate protection in accordance with GDPR. The list can be found here[2]. Most do not. If the Information has to be transferred outside of the EEA, then it may not be protected by the same standards and you may not have the same rights as you would within the EEA.

I will not transfer the Information (or any part of it) outside of the EEA, except as may be necessary from time-to-time for providing legal services or for any legal proceedings or as may be required in the provision of a reference.

If you would like any further information about this, please refer to the contact details at the end of this document.

For how long will I store the Information?

Different retention periods apply based on the type of proceedings you may be involved in. To find out the retention periods and other related guidance which may be useful to you, please see here[3].

Consent

As explained above, I am relying on your explicit consent to process the Information in categories g. to o., above. You provided this consent to me when you agreed that I would provide legal services or you asked me to provide a reference, as the case may be.

You have the right to withdraw this consent at any time but this will not affect the lawfulness of any processing of the Information I may have carried out prior to you withdrawing your consent. Further, where I also rely on other Bases for the processing of the Information, you may not be able to prevent the processing of the Information. For example, if you have asked me to work for you and I have spent time on your case, you may owe me money for which I would be entitled to make a legal claim and that would be a proper Basis for which the Information (or such of it as is necessary) may still be processed.

If there is an issue with the processing of the Information with which you have any concerns, please contact me using the contact information at the end of this document.

[1] The right to retain the lawful possession of the property of another until the owner fulfils a legal duty to the person holding the property, such as the payment of lawful charges for work done on the property.

[2] https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

[3] https://www.gov.uk/government/publications/record-retention-and-disposition-schedules