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 we share this information with, the security mechanisms we have put in place to protect your data and how to contact us in the event you need further information.
• Personal Data – any information relating to an identified or identifiable natural person;
• Processing – any operation or set of operations which is performed on personal data or on sets of personal data;
• Child – a natural person under 16 years of age;
• We/us (either capitalised or not) – Rose Court to include the members, pupils, mini pupils and staff at Rose Court who use and are responsible for the personal information about you. When we do this we are the “controller” of this information for the purposes of the General Data Protection Regulations “GDPR” and the Data Protection Act 1998 and the Information Commissioner.
We will follow the following data protection principles:
• Processing is lawful, fair, transparent;
• We always consider your rights before Processing Personal Data;
• We will provide you information regarding Processing upon request;
• Processing is limited to the purpose for which Personal Data was gathered;
• Processing is done to gather and process the minimal amount of Personal Data required for any purpose;
• Processing is limited with a time period we will not store your personal data for longer than needed;
• We will do our best to ensure the accuracy of data;
• We will do our best to ensure the integrity and confidentiality of data.
Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:
• Ask for access to your personal information and other supplementary information; this means you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed;
• Ask for correction of mistakes in your data or to complete missing information held on you. This means you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete;
• Ask for your personal information to be erased, in certain circumstances;
• To object at any time to processing of your personal information for direct marketing;
• To object in certain other situations to the continued processing of your personal information;
• Restrict processing of your personal information in certain circumstances;
• Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way;
• Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us;
• Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
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, please:
• Provide sufficient information so that you can be identified;
• Provide a contact address so that you can be contacted to request further information to verify your identity;
• Provide proof of your identity and address;
• State the right or rights that you wish to exercise.
We will respond to you within one month from when we receive your request.
Information you have provided us with, for example this might be your e-mail address, name, billing address, home address etc., – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.
Information collected when carrying on our business and practices, processing applications or providing references we may collect some or all of the following personal information, for example your personal details, family details, lifestyle and social circumstances, goods and services, financial details, education, training and employment details, physical or mental health details, racial or ethnic origin, political opinions, religious, philosophical or other beliefs, trade union membership, sex life or sexual orientation, genetic data, criminal proceedings, outcomes and sentences, and related security measures and other personal data relevant to instructions to provide legal services, including data specific to the instructions in question.
Information automatically collected about you, for example this could include information that is automatically stored by cookies and other session tools like your IP address, where this information is used to improve your customer experience. So, when you use our services or look at the contents of our website, your activities may be logged.
Information from our partners, for example we gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. This will include 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.
Publicly available information, for example we might gather information about you that is publicly available.
How we use your Personal Data: we use your Personal Data in order to:
• Provide our service to you. This includes for example registering you with us; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
• If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.
• Enhance your customer experience;
• Fulfil an obligation under law or contract;
• In certain circumstances processing may be necessary in order that we can comply with a legal obligation to which we are subject (including carrying out anti-money laundering or terrorist financing checks);
• The processing is necessary to publish judgments or other decisions of courts or tribunals;
• We use your personal data on legitimate grounds and/or with your consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we process your personal data for the following purposes:
• to identify you;
• to provide you a service or to send/offer you a product;
• to communicate either for sales or invoicing;
• We process your personal data in order to fulfil obligations arising from or provided by law. We reserve the right to anonymise personal data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.
We do not share your personal data with strangers.
We only work with processing partners who are able to ensure adequate level of protection to your personal data. We disclose your personal data to third parties or public officials when we are legally obliged to do so. We might disclose your personal data to third parties if you have consented to it or if there are other legal grounds for it.
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 in the course of any proceedings or otherwise. As barristers, we have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.
It may be necessary to share your information with the following : data processors, such as IT support staff, email providers, data storage providers, other legal professionals, experts and other witnesses, prosecution authorities, courts and tribunals, the staff in chambers, trainee barristers including pupils and mini-pupils, lay clients, family and associates of the person whose personal information we are processing, other members of Chambers in order to discuss your case or ensure cover of hearings where the barrister managing your case is not available, similarly barristers and staff at other chambers, where a barrister at Rose Court is not available to cover your case and a barrister at another Chambers needs to be instructed, in the event of complaints, the Directors, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman, other regulatory authorities, current, past or prospective employers, education and examining bodies, business associates, professional advisers and trade bodies, e.g. the Bar Council, the intended recipient, where you have asked Rose Court to provide a reference and the general public in relation to the publication of legal judgments and decisions of courts and tribunals.
We may be required to provide your 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 risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without our consent or yours, which includes privileged information.
We may also be required to disclose your information to the police or intelligence services, where required or permitted by law.
The personal information we obtain may include information which has been obtained from other legal professionals, experts and other witnesses, prosecution authorities, courts and tribunals, trainee barristers, lay clients.
We rely on your explicit consent to process your information listed above in “information collected”. You provided this consent when you agreed that a barrister at Rose Court would provide legal services.
You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity we have carried out prior to you withdrawing your consent. However, where we also rely on other bases for processing your information, you may not be able to prevent processing of your data. For example, if you have asked a barrister to work for you and the barrister has spent time on your case, we may owe you money which you will be entitled to claim. The withdrawal of your consent will also not affect the lawful retention of your information for the purposes of a potential complaint or appeal, in accordance with our retention policy.
If there is an issue with the processing of your information, please contact Rose Court using the contact details clearly posted on our website home page.
How do we store your personal data and for how long is it stored:
We do our best to keep your personal data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.
Even though we try our best we cannot guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
• Until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years, but may be 12 years, or longer where the case includes information relating to a minor), from the date of the last item of work carried out, the date of the last payment received or the date on which all outstanding payments are written off, whichever is the latest. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is likely to be needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion;
• Circumstances in which data is likely to be retained beyond 1 year after the expiry of the relevant limitation period include where a lengthy sentence has been imposed and an appeal against sentence or conviction, or a complaint, remain possible. In such a case your information will be retained until such an appeal or complaint is no longer a realistic possibility;
• We will store some of your information for which we need to carry out conflict checks for the rest of a barrister’s career. However, this is likely to be limited to your name and contact details or the name of the case;
• Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later;
• Names and contact details held for marketing purposes will be stored indefinitely or until we become aware or are informed that the individual has ceased to be a potential client.
We do not intend to collect or knowingly collect information from children. We do not target children with our services.
• Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information;
• Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting;
• Analytics cookies – these cookies are used to track the use and performance of our website and services;
• Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
Please remember that you can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.
Contact Information for the relevant Supervisory Authority:
Phone: +353 57 868 4800