Privacy Notice for John Randall KC1
Thank you for choosing to instruct me in your case. I may need to collect and hold your personal information in order to provide you with legal advice or representation. I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.
Data Controller
I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is St Philips Chambers, 55 Temple Row, Birmingham B2 5LS and my registration number is Z4632376.
Data Collection
All or the vast majority of the information that I hold about you is provided to or gathered by me in the course of your case and/or proceedings. Your solicitor (or other instructing professional) and/or I will tell you why we need the information and how we will use it. In addition to the information you may provide to me or your solicitor (or other instructing professional), I may on occasion also obtain information from other sources such as :
• Information that is available publicly in registers, searches or in the media • Other legal professionals including solicitors and barristers and their associates, trainees and staff
• Chambers staff
• Expert witnesses
• Prosecution bodies
• Regulatory, public or administrative bodies
• Court staff & officials
• Clients
• References
1 Updated 14 October 2021
My Lawful Basis for processing your information
In order that I can provide legal services and representation for you, I must process your personal data. The UK General Data Protection Regulation (the UK GDPR) requires that where I process personal data, I must have a lawful basis for doing so. The lawful bases identified in the UK GDPR that I generally rely upon are as follows:
• Consent of the data subject – where this required, I will ensure that I have your specific consent for processing your data for the specified purposes. You will also have the right to withdraw your consent at any time. Where you do so this will not affect the legality of data processing which had taken place prior to your withdrawal of consent.
• Performance of a contract with the data subject, or to take steps to enter into a contract.
• Compliance with a legal obligation – to comply with various regulatory and professional obligations, e.g. filing tax returns with HMRC.
• The legitimate interests of my business or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
Examples of legitimate interests include but are not limited to:
• Provision of legal services and advice.
• For purposes of practice management, accounting and debt recovery;. • For completion of professional regulatory requirements.
• Processing for direct marketing purposes, or to prevent fraud. • Reporting threats to public security.
• Such other purposes as set out below.
My Lawful Basis will be one or more of those listed above, depending on the circumstances of your particular case (most commonly ‘Legitimate Interests’ - the last one listed), and my Legitimate Interest is generally that you are a client, the first of the examples listed above, again depending on the circumstances of your particular case.
Special category processing
The UK GDPR specifies that where I process special category data, I must rely upon certain exemptions in order to do so lawfully. The following exemptions are applicable in my practice
1. I have your explicit consent to do so; or
2. It is necessary for the exercise or defence of legal claims or judicial acts. Criminal data processing
On occasion, I process data relating to criminal offences where it is necessary for: • The purpose of, or in connection with, any legal proceedings; • The purpose of obtaining legal advice; or
• The purposes of establishing, exercising or defending legal rights • Where I have your explicit consent to do so.
Purposes. I use your information to:
▪ Provide legal advice and representation;
▪ Liaise and confer with any junior barrister instructed to work with me; ▪ Occasionally, assist in training pupils and mini-pupils;
▪ Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law;
▪ Make any statutory returns required of me;
▪ Communicate with you about news, updates and events;
▪ Investigate and address any concerns you may have;
▪ Assist in any tendering or panel membership applications;
▪ Assist in any other applications for the purpose of professional development or career progression;
▪ Communicate legal updates and judgments to other legal professionals; ▪ For marketing purposes;
▪ For the management and administration of my practice
▪ To recover debt;
▪ To manage complaints with regulators;
▪ Communications with regulators;
▪ Where relevant to conduct anti money laundering, terrorist financing or conflict of interest checks .
I do not use automated decision-making in the processing of your personal data.
What data do I process about you?
Depending on the type of work, I collect and process both personal data and (more occasionally) special categories of personal data as defined in the UK GDPR. This may include:
▪ Name
▪ Email address
▪ Phone number
▪ Address
▪ Payment or bank details
▪ Date of birth
▪ Next of kin details
▪ Details pertaining to education and employment
▪ Information on your background & current circumstances
▪ Financial information.
Where relevant, I may also need to process special category personal data that reveals your:
• Racial or ethnic origin
• Political opinions
• Religious and philosophical beliefs
• Trade union membership
• Genetic data
• Biometric data for the purpose of uniquely identifying a natural person • Data concerning health
• Sex life and sexual orientation.
Occasionally, I may also process personal data relating to criminal convictions and offences.
In the course of processing your information to provide legal services to you, I may share your personal data with:
• Instructing solicitors or other lawyers involved in your case;
• A pupil or mini pupil, under my training;
• Opposing counsel, for the purposes of resolving the case;
• Court Officials, including the Judiciary;
• Opposing lay clients;
• My chambers’ management and staff who provide administrative services for my practice;
• Expert witnesses and other witnesses;
• My regulator or legal advisors in the event of a dispute, complaint or other legal matter;
• Head of Chambers or complaints committee within my chambers, in the event of a complaint;
• Law enforcement officials, government authorities, or other third parties, to meet any legal obligations;
• Legal directories, for the purpose of professional development;
• Any relevant panel or tendering committee, for the purpose of professional development;
• Accountants and banking officials;
• Regulators or arbitrators, where complaints or disputes arise;
• Any other party where I ask you for consent, and you consent, to the sharing.
• I may also be required to disclose your information to the Police or Intelligence services where required by law or pursuant to a court order
Transfers to third countries and international organisations
I do not transfer any personal data to third countries or international organisations.
Retention and Disposal
I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:
• There is an unresolved issue, such as claim or dispute;
• I am legally required not to do so; or
• There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers' safety and security, why I should not do so.
Your Rights
The UK GDPR gives you specific rights in terms of your personal data. For example, you have the right of access to the information I hold and what I use it for; you can ask for a copy of the personal information I hold about you.
You can ask me to correct any inaccuracies with the personal data I hold, and you can ask me to stop sending you direct mail or emails or, in some circumstances, ask me to stop processing your details.
Finally, if I do something irregular or improper with your personal data, you can complain to the ICO if you are unhappy with how I have processed your information or dealt with your query. You may also seek compensation for any distress you are caused or loss you have incurred.
You can find out more information from the ICO’s website:
http://ico.org.uk/for_the_public/personal_information
Accessing and Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me at St Philips Chambers, 55 Temple Row, Birmingham B2 5LS or by e-mail on jrandall@st-philips.com .
Marketing Opt-Outs
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
Cookies
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user's device.
Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure the adverts you see online are more relevant to you and your interests.
The Chambers website uses cookies. The cookies we use do not usually collect personally identifiable information about you. The only exceptions may be:
• When you apply for a job vacancy;
• Post a comment on one of our blog posts or social media sites;
• Sign up to receive marketing information from us.
Where we collect this information, we will only use it to process your request unless we tell you otherwise. We will never sell your data to third parties.
We also track IP addresses of businesses and organisations to help us understand how our website is used.
I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these by publishing the updated Notice on my chambers website profile and on my personal website.