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Barrister Privacy Notice & UK General Data Protection Regulation (“UK GDPR”)

DATA CONTROLLER

I, Mr. Howsoun B. Semega-Janneh, am a Barrister and the head of Semega Chambers. 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 –

SEMEGA CHAMBERS
19 Cheetham Hill Road 
Manchester 
M4 4FY. 

My ICO registration reference number is – ZA506459

If you need to contact me about your data or this privacy notice, you can reach me at – info@semega.co.uk 

1. Introduction

Please read this privacy notice carefully. It details the information collected, stored, and processed about you, and the reasons for this processing. It also explains who I share this information with, the security mechanisms in place to protect your data, and how to contact me for further information.

To provide legal advice and representation, I need to collect and hold personal information. This may include your personal data or information relating to other parties involved in the matter. I am committed to taking all possible steps to protect personal information and ensure that I do not 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.

2. What Do I Do With Your Information?

2.1 Information Collected

In the course of your case and/or proceedings, I collect and gather personal information about you or your solicitor. This includes:

  • 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 information
  • Biometric information for uniquely identifying a natural person
  • Criminal proceedings, outcomes and sentences, or related security measures
  • Other personal information relevant to providing legal services, including information specific to the instructions in question

I am committed to ensuring the security and confidentiality of your information. If you have any questions or need further information, please do not hesitate to contact me.

2.2 Information Collected from Other Sources

In addition to the information you or your solicitor provide, I may obtain the same categories of information from other sources such as:

  • Publicly available information, including registers, searches, law reports, magazines, media, legal judgments, and court or tribunal decisions
  • Other legal professionals, including solicitors, barristers, their associates, trainees, and staff
  • Chambers staff
  • In the event of complaints, the Head of Chambers, other members of Chambers who handle complaints, the Bar Standards Board, and the Legal Ombudsman
  • Expert witnesses
  • Prosecution bodies
  • Regulatory, public, or administrative bodies
  • Court and tribunal staff and officials
  • Clients
  • Witnesses
  • Members of the public
  • Suppliers of goods and services
  • Government departments
  • Investigators and regulators
  • Trainee pupil barristers and mini-pupils
  • Lay clients
  • Public records and registers
  • Foreign government officials
  • Current, past, or prospective employers
  • References
  • The intended recipient where you have asked me to provide a reference
  • Family members and business associates of the person whose personal information I am processing
  • Data processors, such as Chambers staff, IT support staff, email providers, and data storage providers
  • Education and examining bodies

If you have any questions or need further information, please do not hesitate to contact me.

3. Personal Information: Purposes

3.1 What Data Do I Process About You?

Depending on the type of work, I collect and process both personal data and 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

On occasion, I may also process personal data relating to criminal convictions and offences.

My Lawful Basis for Processing Your Information

To provide legal services and representation for you, I must process your personal data. The UK General Data Protection Regulation (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 rely upon are as follows:

  • Consent of the data subject: Where 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. Withdrawal of consent will not affect the legality of data processing that took place prior to your withdrawal.
  • 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.
  • 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
  • Practice management, accounting, and debt recovery
  • Completion of professional regulatory requirements
  • Processing for direct marketing purposes or to prevent fraud
  • Reporting threats to public security
  • Other purposes as set out below

Special Category Processing

The UK GDPR specifies that where I process special category data, I must rely upon certain exemptions to do so lawfully. The following exemptions are applicable in my practice:

  1. I have your explicit consent to do so
  2. It is necessary for the exercise or defense 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
  • Establishing, exercising, or defending legal rights
  • Where I have your explicit consent to do so

3.2 Purposes: How I use your personal information

I use your personal information for the following purposes: 

  • To provide legal services and representation to my clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, mediations, and dispute resolution panels;  
  • Assist in training pupils and mini pupils; 
  • Investigate and address your concerns; 
  • Communicate with you about news, updates and events; 
  • Investigate or address legal proceedings relating to your use of my services, or as otherwise allowed by applicable law; 
  • Make statutory returns as required by my regulators and the HMRC; 
  • 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; 
  • to take or defend legal or regulatory proceedings; 
  • to keep accounting records and carry out office administration;
  • to check for potential conflicts of interest in relation to future potential cases;  
  • to exercise a lien;  
  • to respond to requests for a reference; 
  • to respond to potential complaints or make complaints;  
  • to provide such information as permitted or required by law. 

3.3 Who will I share your personal information with 

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 a Barrister, I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings. 

In the course of processing your information to provide legal services to you, I may share your personal data with: –

  • Instructing solicitors or other legal professionals involved in your case; 
  • A pupil barrister or mini pupil, under my training; 
  • Opposing counsel, for the purposes of resolving the case; 
  • Court and Tribunal 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 regulators or legal advisors in the event of a dispute, complaint or other legal matter; 
  • to regulators, such as the Bar Council and Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. 
  • 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, prosecution authorities; or Intelligence services where required by law or pursuant to a court order;
  • In the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman; 
  • current, past or prospective employers; 
  • education and examining bodies; 
  • business associates, professional advisors and regulatory bodies, e.g. the Bar Council; 
  • the staff in my Chambers; 
  • data processors, such as my Chambers staff, IT support technicians, email providers and data storage providers; 
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals; or
  • Any other persons that you as the client requests that I provide information to.

Transfers of your information to third countries and international organisations 

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the UK in any particular case or for a reference.

As a general rule, I transfer personal data to the third countries (including all EEA states) and international organisations using the identified safeguards – 

  • if you reside outside the UK or your case or the role for which you require a reference involves information, persons or organisations or courts and tribunals outside the UK then it may be necessary or inevitable that some of your data may be transferred to that country outside of the UK for that purpose. If this applies to you and you wish additional lawful precautions to be taken in respect of your information, please indicate this when providing initial instructions; and
  • if I am satisfied that such transferred data is fully protected and safeguarded as required by the UK General Data Protection Regulation.

Some countries and organisations outside the UK do not have adequate data protection. If your information has to be transferred outside the UK, then it may not have the same protections and you may not have the same rights as you would within the UK. 

I may transfer your personal information to cloud data storage services based in the USA or other country in order to enable me to store your data and/or backup copies of your data so that I may access your data when they need to. 

If I decide to publish a judgment or other decision of a Court or Tribunal containing your information, then this will be published to the world.   

I will not transfer personal information outside the UK except as necessary for providing legal services or for any legal proceedings.  

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

4. Data records Retention Policy 

How long will your personal data be retained?

While you are a client, I typically retain personal data records and case files for 6 years after the conclusion of your case or receipt of final payment, whichever is later. This timeframe aligns with requirements from the Bar Mutual Indemnity Fund regarding limitation periods. In cases involving minors, documents may be retained for 12 years or longer from the date of the last work item, final payment received, or when all outstanding payments are settled, whichever is later. This extended retention period is necessary for potential legal proceedings, regulatory matters, or active complaints. Beyond this point, data will be reviewed for further retention or deletion. Deletion will occur promptly after identifying data earmarked for removal.

I will retain certain information necessary for conflict checks throughout my career.

Names and contact details used for marketing purposes will be kept indefinitely or until it is confirmed that an individual is no longer a potential client.

Drafted pleadings and documents may be retained for educational and legal research purposes. In such cases, personal information will be anonymized or redacted to protect identities, and the ongoing need to retain these documents will be regularly assessed for risk.

5. 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 

Marketing opt-outs 

You may opt out of receiving emails and other messages from my practice by following the instructions in those messages.  

I will occasionally update my privacy notice without prior notice to you which updated privacy notice will also publish on the SEMEGA CHAMBERS website.   

Accessing and correcting your information 

You may request access to, correction of, or a copy of your information by contacting me at – info@semega.co.uk