Privacy Policy

If you are interested in tenancy opportunities at 5 St. Andrew’s Hill, please contact the Chambers Director for a confidential discussion.

What personal information is collected through this website and how is it used?

We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it.

User-supplied information: If you fill out the contact form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Social Security Number; date of birth; drivers license number; or credit card, bank account or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission.

Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include:

  • your unique Internet protocol address;
  • the name of your unique Internet service provider;
  • the town/city, county/state and country from which you access our website;
  • the kind of browser or computer you use;
  • the number of links you click within the site;
  • the date and time of your visit;
  • the web page from which you arrived to our site;
  • the pages you viewed on the site; and
  • certain searches/queries that you conducted via our website(s)

The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.

Cookies: In order to offer and provide a customized and personal service, our websites and applications may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Cookies allow us to save passwords and preferences for you so you won’t have to re-enter them each time you visit.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie, or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies.

How is personal information protected?

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

Who has access to the information?

We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:

  • to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us;
  • if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and
  • as required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property.

How can I correct, amend or delete my personal information and/or opt out of future communications?

You may opt out of any future contacts from us at any time. Contact us via the phone number, contact form or mailing address on our website at any time to:

  • see what data we have about you, if any;
  • change/correct any data we have about you;
  • ask us to delete any data we have about you; and/or
  • opt out of future communications from us.

If you have any additional questions or concerns about this privacy policy, please contact us via the phone number, contact form or mailing address listed on this website. If our information practices change in a significant way, we will post the policy changes here.

Effective March 1, 2012

Cookies Policy

What Are Cookies?

This Website may place and access certain Cookies on your computer. PPN uses Cookies to improve your experience of using the Website and to improve our range of services. PPN has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

How This Site Uses Cookies

This site uses cookie to provide essential functionality, and to help us understand how people use the site so that we can enhance it. The information stored is always anonymous.

By using this site you agree to to allow us to store these cookies. You can control cookies using your browser : see this cookie website for details.

The Cookies We Use

This site uses cookie to provide essential functionality, and to help us understand how people use the site so that we can enhance it. The information stored is always anonymous.

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    This cookie is used to record if a user has accepted the use of cookies on the 5 SAH website. To withdraw your consent after accepting this cookie, delete the allowcookies cookie. Find out how at www.allaboutcookies.org.
     
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Effective January 25, 2018

Accessibility Policy

The 5 SAH site has been developed in a way that endeavours to make it accessible and easy to use for all. It has been rigorously tested and supports the A-grade browsers of Firefox 3.6+, IE 6+ and Safari 5 (view more info at http://developer.yahoo.com/yui/articles/gbs/).

The site design and layout has been developed with those who are blind or visually impaired in mind and is compatible with screen reading software. All site pages are valid to Hyper Text Mark-up Language (HTML) 5 and use Cascading Style Sheets (CSS).

The 5 SAH site follows the Worldwide Web Consortium's (W3C) Web Content Accessibility Guidelines 1.0 and seeks to meet all level double-A checkpoints.

Accessibility has been a key site consideration since its conception and we are continually striving to improve the user experience. Should have any questions or issues please don't hesitate to contact us +44 (0)20 7814 1200.

Access Keys

Most modern browsers support jumping to specific links by pressing ‘access keys’. Our access keys use the UK government access keys system where applicable.

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Opening files

The 5 SAH site has a wide range of information and documentation, some in formats which require particular software to access/view.

Helpfully there are websites which allow you to download free software for viewing such files. These include:

Effective April 21, 2015

Equality & Diversity Policy

Introduction

It is essential to a modern, multicultural society that its justice system should reflect the social, gender-based, racial and cultural diversity of the society it serves. It is also good business sense for Chambers to ensure that it’s most important resources, its members and staff, are utilised in a fair and effective way. The principles of non-discrimination and equality of opportunity apply to all staff, members of Chambers, applicants, visitors, clients, suppliers and former staff members.

Avoiding discrimination in any form of business should be seen as an important strand of its risk management policy. Viewed more positively, achieving diversity should ensure a wider pool of talent on which the set can draw and enhance the service provided to clients.

The risks of falling foul of the provisions that relate to discrimination are:

  • Criminal or civil liability – or both
  • Professional liability for non-compliance with the anti-discrimination practice rules, and
  • Consequential reputational harm

Anti-discrimination legislation is designed to promote fairness including in relation to employment, promotion and the provision of services. There are provisions relating to:

  • Race (including colour, nationality, and national or ethnic origins)
  • Gender (including marital status, gender reassignment, pregnancy, maternity and paternity)
  • Disability
  • Sexual orientation (including civil partnership status)
  • Religion or belief
  • Age

Positive discrimination is simply one form of discrimination and is thus likely to be illegal, however well intentioned. On the other hand, positive action is legal and, may be required in certain situations. Positive action is a programme of actions designed to achieve diversity or inclusion. Where appropriate, use may be made of lawful exemptions to achieve diversity or inclusion.

Chambers monitors the gender, ethnicity and disability of those it recruits to ensure the application of a diverse recruitment policy, but does not set or work towards any targets in these areas.

Anti-Discrimination & Diversity Policy

5 St Andrew’s Hill is committed to providing equal opportunities and promoting diversity. This is evidenced by the diverse ethnic and social backgrounds of members, staff and clients (lay and professional). All job applicants, employees, members, other barristers and clients (lay and professional) receive equal treatment regardless of race, colour, ethnic or national origins, sex, marital status, sexual orientation, disability or age.

It is unlawful to discriminate against individuals either directly or indirectly in respect of their age, race, gender, sexual orientation, disability or marital status. Relevant legislation is incorporated into this policy by reference.

All members of Chambers, pupils and staff, in their professional dealings with any other parties:

  • Must not at any time discriminate against any person, directly or indirectly, nor victimise or harass them on grounds of their sex (including their marital status), race or racial group, ethnic or national origins, colour, nationality political, persuasion, religion or belief sexual orientation age, and
  • Must not at any time discriminate against any person on grounds of disability, except where, in relation to legislation, there is specific exception or limitation preventing such discrimination from being unlawful.

Chambers is committed to implementing the relevant legislation within the Bar Standards Board handbook Equality rules.

Forms of Discrimination

Forms of discrimination include:

Direct discrimination, where a person is less favourably treated because of race, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation.

Indirect discrimination, where a requirement or condition which cannot be justified is applied equally to all groups but has a disproportionately adverse effect on one particular group.

Victimisation, where someone is treated less favourably than others because he or she has taken action or given information about discrimination or harassment or supported someone else’s complaint.

Implementation

Responsibility
The Management Committee is responsible for ensuring compliance with the Chambers Equal Opportunities Policy. To assist in this, two members of chambers have been appointed as the Equal Opportunities Officers (Mr David Hewitt ,Miss Gemma Lindfield and Mr Kevin Dent (DDO) and to assist the Chambers Director , who has day-to-day responsibility for the effective implementation of the policy.

Recruitment & Promotion
Chambers takes steps to ensure that applications for tenants, pupils and staff are attracted from both sexes and all races and from people with disabilities, and regardless of age, sexual orientation or religion or belief, and ensures that there are equal opportunities in all stages of the recruitment process. All advertisements relating to recruitment refer to Chamber’s commitment to equal opportunities and the selection procedures adopted by Chambers are geared towards promoting equal opportunities.

Recruitment procedures for pupils and tenants are described in the Chambers Quality Mark Manual.

Promotion within Chambers is made without regard to age, race, colour, ethnic or national origins, sex, marital status, sexual orientation, disability or age and is based solely on merit.

Clients
Chambers is generally free to decide whether to accept instructions from any particular client (subject to the cab rank rule), but any refusal to act will not be based upon the age, race, colour, ethnic or national origins, sex, creed, disability, sexual orientation or religion or belief of the prospective client.

Clients’ request for a named barrister will be complied with, subject to Chambers’ duty to discuss with the client the suitability of the barrister and to advise appropriately.

Chambers has a duty to discuss with the client any request by the client that only a barrister of a particular racial or social group or gender be instructed. Chambers will endeavour to persuade the client to modify instructions which appear to be given on discriminatory grounds.

Allocation of Work
The allocation of work received in Chambers and the distribution of work between members of Chambers and pupils is conducted in such a manner as to ensure that all members and pupils are treated fairly and given equal opportunity to develop their practices. Allocation of work is reviewed annually and a report provided to the Management Committee by the Chambers Director to ensure that equal opportunities procedures are effective.

Reasonable Adjustments Policy
5 St Andrew’s Hill is committed to making reasonable adjustments in order to remove or reduce disadvantage for disabled people, who are working with Chambers or are receiving legal services. This policy covers Chambers’ dealings with all employees, barristers, clerks, pupils, mini pupils and visitors to chambers.

This policy is circulated to all members, staff and pupils who are required to read and understand it.

Definition of Disability
For the purpose of this policy the definition of disability follows that set out s. 6 of the Equality Act 2010. A person is therefore disabled if he or she has a physical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day-to-day activities. “Substantial” means more than minor or trivial and “long term” means 12 months or more.

Types of Reasonable Adjustment
This policy does not provide an exhaustive list of all the reasonable adjustment that Chambers will make for staff, barristers, pupils or visitors however the types of adjustment that may be made are listed below:

  • Provision of accessible conference room facilities
  • Arrangements for conference to take place at client’s home or solicitor’s offices if attendance at chambers is not reasonably practicable
  • Provision of auxiliary aids
  • Provision of information in appropriate alternative formats (e.g. large print, Braille, coloured paper etc.).
  • Extension of time limits (where it is lawful to do so).
  • Use of email or telephone in preference to hard copy letters.
  • Use of plain English.
  • Communication through a representative or an intermediary.
  • Rest/comfort breaks in meetings.
  • Provision for assistance dogs.
  • Staff or Barristers and others in chambers
  • Staff or barristers with specific requirements should make requests to the Management
  • Committee for reasonable adjustment decisions. All requests for reasonable adjustments will be considered on a case by case basis with the advice and assistance of Chambers’ Equality and
  • Diversity Officer and where it is not possible to make the adjustment requested a member will discuss viable alternatives with the applicant.

The Management Committee is responsible for considering whether or not disabled staff, barristers or pupils require assistance during an emergency evacuation and if so, whether a personal contingency plan is required for the individuals concerned. If so, the plan will be developed in partnership with the individual(s) concerned in order to ensure that adjustments to the emergency evacuation procedure may be made

Visitors to Chambers
Barristers are responsible for considering reasonable adjustment requests for their clients. They are also responsible for anticipating any likely reasonable adjustments that will need to be made for visitors who they know to be disabled and be likely to require assistance. Visitor requests for specific reasonable adjustments may be made by contacting the clerks.

5 St Andrew’s Hill consideration of whether an adjustment is reasonable or not depends on a number of factors including:

  • The effectiveness of the adjustment(s) in preventing or reducing disadvantage for the disabled person.
  • The practicality of making the adjustment(s) for Chambers.
  • The availability of resources, including external assistance and finance.
  • Any disruption to 5 St Andrew’s Hill’s activity that making the adjustment might cause.
  • There is no formal appeal procedure however where it is not possible to make the adjustment requested 5 St Andrew’s Hill will provide reasons for the decision and discuss any viable alternatives with the individual concerned.

In no circumstances will 5 St Andrew’s Hill pass on the cost of a reasonable adjustment to the disabled person.

If you are disabled or become disabled, we encourage you to tell us about your condition so that we can support you as appropriate. If you experience difficulties at work because of your disability please contact either the Chambers Director a member of the Management Committee to discuss any reasonable adjustments that would help you overcome or minimise that difficulty.

This Policy is reviewed annually as part of Chambers Quality Review Cycle.

Monitoring
The outcome of selection procedures for tenants and pupils are reviewed annually by reference to race and gender and reported to the Management Committee. This review process seeks to ensure that Chambers’ equal opportunities policies are effective.

Maternity, Paternity Policy and Flexible Working Policy
The maternity and paternity rights available to employees shall be no less favourable than those required by the Employment Protection (Consolidation) Act 1978 (as amended by the Trade Union Reform and Employment Rights Act 1993) for employees. In relation to its dealings with job applicants, employees or members, Chambers will be mindful of the provisions of the Sex Discrimination Act 1975, the Equal Pay Act 1970 and subsequent relevant legislation.

Copies of Chambers maternity policy for members and pupils can be sent upon request.

Flexible working hours and career breaks
In many ways working at the Bar is very suitable for flexible working hours. Chambers does not adopt a global policy but each member of Chambers is given the opportunity to adjust their practice in consultation with the Chambers Directorto what will work for them. This may mean working from home or only working a certain number of days, though it will still be that member’s responsibility to have in place systems to operate their practice efficiently i.e. collecting and deliver papers.

If a member wants to request a career break then this must be made in writing to the Management Committee including the reasons and length of break requested. This will then be considered taking into account the reasons, length of break, ability for Chambers to manage the work and the financial impact on Chambers.

Disciplinary & Grievance Procedures
Chambers’ Grievance and Disciplinary Procedure is described in Chambers Quality Manual.

Acts of discrimination or harassment on grounds of age, race, colour, ethnic or national origins, sex, marital status, sexual orientation, disability or religion or belief by employees or members of Chambers should be reported under Chambers’ Grievance and Disciplinary Procedure and, if substantiated, will result in disciplinary action. Failure to comply with this policy will be treated in a similar fashion. The policy applies to all who are employed in Chambers, to clients and to members of Chambers and pupils.

Chambers will treat seriously and take action when any employee, member of Chambers or pupil has a grievance as a result of discrimination or harassment on grounds of age, race, colour, ethnic or national origins, sex, marital status, sexual orientation or disability.

Chambers will deal with all clients and other persons with the same attention, courtesy and consideration regardless of age, race, colour, ethnic or national origins, sex, creed, disability, sexual orientation, religion or belief.

Harassment – General Statement
Chambers accepts that everyone has the right to be treated with dignity. Harassment will not be permitted or condoned and members, employees and clients all have the right to complain should it ever occur.

Definition
Harassment means physical, verbal or non-verbal unwanted conduct that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment can include:

  • Unwelcome sexual attention
  • Subjecting a member, employee or client to insults or ridicule because of their sex, sexual orientation, disability or race
  • Suggesting that sexual favours may further someone’s career or that the refusal of sexual favours may in some way damage their career
  • Over-familiar behaviour, including lewd and suggestive remarks
  • Display of sexually suggestive pictures

What Constitutes Harassment?
What is harassment to one person may not amount to harassment to another. If it is unwanted by the recipient, then it may amount to harassment.

It is up to each individual to decide what behaviour is acceptable to them and to decide what is offensive. If an individual decides that the behaviour is offensive, they must make it clear that they do not accept it. If the behaviour continues, then it becomes harassment.

Remedial Action
Chambers will treat any case of harassment seriously. Those complaining will be protected against any form of victimisation or retaliation after bringing the complaint. Serious or persistent harassment may amount to gross misconduct and could lead to dismissal in line with Chambers’ Disciplinary Procedure.

Informal Actions
A formal complaint of harassment is a serious step to take. Any person who has been harassed should therefore initially, wherever possible, try to tell the person that their behaviour is unacceptable. You may speak to a member of the Management Committee who can provide advice and assistance.

Formal Actions
A formal complaint of harassment should be pursued through the process set out in the Chambers Grievance Procedure.

Diversity Data

Age
16 - 24 0
25 - 34 11
35 - 44 13
45 - 54 10
55 - 64 5
65+ 6
Prefer not to say 2
Gender
Male 32
Female 12
Prefer not to say 3
Disability
Yes 1
No 44
Prefer not to say 3
Ethnic Group
Mixed/Multiple Ethnic Groups 0
Asian/Asian British 0
Black/African/Caribbean/Black British 1
White/British/English/Welsh/NI/Scotland/Irish/Gypsy 41
Other Ethnic Group 3
Prefer not to say 3
Religion
No religion or belief 20
Buddhist 0
Christian (all denominations) 16
Hindu 0
Jewish 2
Muslim 1
Sikh 0
Any other religion 0
Prefer not to say 8
Sexual Orientation
Bisexual 0
Gay man 1
Gay Women/Lesbian 0
Heterosexual/straight 40
Other 0
Prefer not to say 6

Data Protection Policy

Introduction

This Chambers is required to comply with the law governing the management and storage of personal data, which is outlined in the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act.

For this reason, protection of personal data and respect for individual privacy is fundamental to the day-to-day operations of Chambers.

Compliance with the GDPR is overseen by the UK data protection regulator which is the Information Commissioner’s Office (ICO). This Chambers is accountable to the ICO for its data protection compliance.

Purpose

This policy aims to protect and promote the data protection rights of individuals and of Chambers, by informing members and everyone working for and with Chambers, of their data protection obligations and of Chambers procedures that must be followed in order to ensure compliance with the GDPR.

Scope

This policy applies to all members, staff (including managers), consultants and any third party to whom this policy has been communicated.

This policy covers all personal data and special categories of personal data, processed on computers or stored in manual (paper based) files.

Responsibility

The Data Protection Committee is responsible for monitoring Chambers’ compliance with this policy.

Everyone in Chambers (and any third party to whom this policy applies to) is responsible for ensuring that they comply with this policy. Failure to do so may result in disciplinary action.

DATA PROTECTION COMMITTEE (DPC)

Chambers has appointed a Data Protection Committee (DPC). This is not a statutory role. The DPC’s responsibilities within this role include:

  • Developing and implementing data protection policies and procedures;
  • Arranging periodic data protection training for all staff and members which is appropriate to them;
  • Acting as a point of contact for all colleagues, staff and Barristers on data protection matters;
  • Monitoring Chambers’ compliance with its data protection policy and procedures;
  • Promoting a culture of data protection awareness;
  • Assisting with investigations into data protection breaches and helping Chambers to learn from them;
  • Advising on Data Protection Impact Assessments; and
  • Liaising with the relevant supervisory authorities as necessary (i.e. the Information Commissioner’s Office in the UK).   

GDPR

The GDPR is designed to protect individuals and personal data which is held and processed about them by Chambers or other individuals.

The GDPR uses some key terms to refer to individuals, those processing personal data about individuals and types of data covered by the Regulation. These key terms are:

Personal data: means any information relating to an identified and identifiable natural person (‘data subject’)

This includes for example information from which a person can be identified, directly or indirectly, by reference to an identifier i.e. name; ID number; location data; online identifiers etc.

It also includes information that identified the physical, physiological, genetic, mental, economic, cultural or social identity of a person.

For Chambers’ purposes, Barristers’ clients and Chambers’ staff are data subjects (other individual third parties concerning whom we hold personal data about are also likely to be data subjects).

Controller: Means the natural or legal person, public authority, agency or other body who alone or jointly with others, determines the purposes and means of processing the personal data. In effect, this means the controller is the individual, organisation or other body that decides how personal data will be collected and used.

For Chambers’ purposes, this Chambers is a data controller for certain categories of data. 

Processing: Means any operation which is performed on personal data such as: collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

For Chambers’ purposes, everything that we do with client information (and personal information of third parties) is ‘processing’ as defined by the GDPR. This processing will often be in the capacity as a Data Processor on behalf of a Barrister as a Data Controller.

Special categories of personal dataMeans personal data revealing:

a) racial or ethnic origin;

b) political opinions;

c) religious or philosophical beliefs;

d) trade-union membership;

e) the processing of genetic data or biometric data for the purpose of uniquely identifying a natural person;

f) data concerning health or data concerning a natural person's sex life or sexual orientation

N.B. data relating to criminal convictions and offences is not included within the special categories. However, there are additional provisions for processing this type of data (see Regulation 10 of GDPR)

Data Protection Principles

The GDPR is based around 8 principles which are the starting point to ensure compliance with the Regulation. Everybody working in for and with Chambers must adhere to these principles in performing their day-to-day duties. The principles require Chambers to ensure that all personal data and sensitive personal data are:

  1. Processed lawfully, fairly and in a transparent manner in relation to the subject (‘lawfulness, fairness and transparency’)
  1. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
  1. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
  1. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
  1. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which personal data are processed (‘storage limitation’)
  1. Processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures (‘integrity and confidentiality’)

Chambers must be able to demonstrate its compliance with (a) – (f) above (‘accountability’).

Processing personal data and sensitive personal data

You must process all personal data in a manner that is compliant with the GDPR, in short, this means you must:

  • have legitimate grounds for collecting and using the personal data;
  • not use the data in ways that have unjustified adverse effects on the individuals concerned;
  • be transparent about how you intend to use the data, and give individuals appropriate privacy notices when collecting their personal data;
  • handle people’s personal data only in ways they would reasonably expect; and
  • make sure you do not do anything unlawful with the data.

You must ensure that you are aware of the difference between personal data and special categories of personal data and ensure that both types of data are processed in accordance with the GDPR.

The conditions for processing special categories of personal data that are most relevant to our Chambers are:

  • Explicit consent from the data subject;
  • The processing is at the instruction of a Barrister who is the Data Controller of that personal data;
  • The processing is necessary for the purposes of carrying out Chambers’ obligations in respect of employment and social security and social protection law;
  • The processing is necessary to protect the vital interests of the data subject or another person;
  • The processing relates to personal data that has already been made public by the data subject; or
  • The processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

If you have any concerns about processing personal data, please contact Mark Mullins and David McNeill, who will be happy to discuss matters with you.

Rights of the data subject

The GDPR gives rights to individuals in respect of the personal data that any organisations hold about them. Everybody working for Chambers must be familiar with these rights and adhere to Chambers’ procedures to uphold these rights.

These rights include:

  • Right of information and access to confirm details about the personal data that is being processed about them and to obtain a copy;
  • Right to rectification of any inaccurate personal data;
  • Right to erasure of personal data held about them (in certain circumstances);
  • Right to restriction on the use of personal data held about them (in certain circumstances);
  • Right to portability – right to receive data processed by automated means and have it transferred to another data controller;
  • Right to object to the processing of their personal data.

If anybody receives a request from a data subject (a client or other third party concerning whom we hold personal data) to exercise any of these rights, the request must be referred to Gary Norton, immediately or to Kyle Morris, in his absence.

Note: we only have one month to respond to a request to access a copy of personal data.

Confidentiality and data sharing

The barristers and Chambers must ensure that they only share personal information with other individuals or organisations only where they are permitted to do so in accordance with data protection law.

Wherever, possible you should ensure that you have the client’s (or other data subject’s) consent before sharing their personal data, although, it is accepted that this will not be possible in all circumstances, for example if the disclosure is required by law.

Any further questions around data sharing should be directed to Mark Mullins or David McNeill.

Data Protection Impact Assessments (DPIAs)

DPIAs are required to identify data protection risks; assess the impact of these risks; and determine appropriate action to prevent or mitigate the impact of these risks, when introducing, or making significant changes to, systems or projects involving the processing of personal data.

In simpler terms, this means thinking about whether Chambers is likely to breach the GDPR and what the consequences might be, if Chambers uses personal data in a particular way. It is also about deciding whether there is anything that Chambers can do to stop or, at least or minimise the chances of any of the potential problems identified, from happening. 

DPIAs will be undertaken by the DPC.

Breaches

A data protection breach is defined as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.

Everybody working in, for and with Chambers has a duty to report any actual or suspected data protection breach without delay to the Head of Chambers and the Senior Member of Staff in the Clerks’ Room. Full details of the Chambers’ breach reporting policy can be found on the Chambers Cloud.

Breaches will be reported to the Information Commissioner’s Office (ICO) by the Head of Chambers or Senior Member of Staff in the Clerks’ Room without undue delay and, where feasible, not later than 72 hours after having become aware of the breach, unless, Chambers is able to demonstrate that the personal data breach is unlikely to result in a risk to the rights and freedoms of data subjects.

The Senior Member of Staff in the Clerks’ Room will maintain a central register of the details of any data protection breaches.

Complaints

Complaints relating to breaches of the GDPR and/ or complaints that an individual’s personal data is not being processed in line with the data protection principles should be referred to the Senior Member of Staff in the Clerks’ Room without delay.

Penalties

It is important that everybody working for Chambers understands the implications for Chambers if we fail to meet our data protection obligations. Failure to comply could result in:

  • Criminal and civil action;
  • Fines and damages;
  • Personal accountability and liability;
  • Suspension/ withdrawal of the right to process personal data by the ICO;
  • Loss of confidence in the integrity of the business’s systems and procedures;
  • Irreparable damage to the business’s reputation.

Note: Chambers could be fined up to €20,000,000, or up to 4% of the total worldwide annual turnover of the preceding financial year, whichever is higher.  

Effective May 24 2018

Standard Contractual Terms

All work undertaken by any member or pupil at 5 St Andrew’s Hill, other than that done where a publicly funded certificate is in place, will be governed by our policies and the Bar Standards Board's Standard Contractual Terms.