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DESIGN CHAMBERS
INTELLECTUAL PROPERTY & INTERNET BARRISTERS

Richard Hodgson       Michael Stephens (door tenant)      Owen Keane

24 Arterberry Road,  Wimbledon,  London,  SW20 8AH,  United Kingdom
Tel:  + 44 (0) 20 7353 0747       General e-mail

 


 

Design Chambers' Privacy, Equality & Diversity and Recruitment Policies

 

 

Website Privacy and the Use of "Cookies"

 

Design Chambers' website does not collect, capture or store any personal information other than IP (Internet Protocol) addresses, nor does it place any tracking "cookie" or similar “software device” on a viewer's computer.  Design Chambers’ web-hoster and their secure servers (and web-page "forwarders") are physically located in the UK, and at most:

 

·         Download a purely load-balancing “session cookie” for the sole purpose of carrying out efficient transmission of our website to a viewer’s computer.  This technical session cookie is used only for the duration of any browsing session on www.designchambers.com and will always be deleted once the viewer closes their web browser.  It is not tracking cookie.  This session cookie is required to allow Design Chamber’s web-hoster’s servers to enable server load balancing so that if one server were to fail, our website would then be served from a backup server of our web-hoster. 

·         May, from time to time, simply log the users' IP address and details of any referring web-page in the usual industry-accepted manner.  Such logs are routinely deleted on an automatic basis, typically when the log file reaches a pre-determined size.  Design Chambers currently does not regularly carry out analytics nor does it allow others to carry out any analytics or any other similar exercise on these logs if collected in the first place.

·         Page counters (if any) are set only to log the number of times a given page has been accessed.

 

 

Privacy Notices

 

·         Each member of chambers is his or her own Controller (formerly known as Data Controller) for the purposes of the Data Protection Act 2018 and the underlying General Data Protection Regulation - commonly referred to as “The GDPR”.

·         Design Chambers and its members of chambers operate in and are concerned with the provision of legal services and in the case of Richard Hodgson legal continuing professional development.

 

The following set out the Privacy Notices of both Design Chambers and its individual members:

 

·         Richard Hodgson

 

·         Owen Keane

 

·         Michael Stephens

 

·         Design Chambers

 

 

 

Privacy Notice of Richard Hodgson, member of Design Chambers

 

Richard Hodgson provides both legal services and legal continuing professional development courses (CPD).  He is his own Data Controller for the services he provides.

 

As regards his CPD services, he provides them either on his own behalf or is retained on a professional basis by MBL Seminars Ltd - www.mblseminars.com

 

Richard Hodgson does not buy, hire or otherwise make use of any third party lists of individuals in the course of the provision of his services.  When presenting a legal CPD course organised by MBL Seminars Ltd, he will be provided with a list of attendees by MBL Seminars Ltd.  Richard Hodgson acts a Controller in respect of personal information communicated to him by MBL Seminars.  The only use he makes of such information is for the administrative purposes of and arising from presenting a given course.

 

Unless arising in the context of the provision of legal services or Legal CPD courses or required by any applicable law, Regulation, court or tribunal rules, procedures or orders, or by any Regulator of competent jurisdiction (such as the Bar Standards Board - www.barstandardsboard.org.uk), Richard Hodgson will not pass personal information to any third party without that person’s prior, freely given and informed consent (so-called “opt-in basis”).

 

In respect of the provision of Legal CPD courses for MBL Seminars, Richard Hodgson will communicate any signed attendance forms and completed feedback forms to MBL Seminars Ltd by adequately secure means.

 

 

Basis of Processing by Richard Hodgson

 

·         The basis of processing by Richard Hodgson will be the legitimate interest in the provision of both legal services and legal CPD courses by a barrister in private practice, regulated by the Bar Standards Board, to professional and lay clients or to those attending his CPD courses.

·         Whilst Richard Hodgson is unlikely to process Special Information, which includes information relating to health, racial or ethnic origin, religious beliefs, biometric data, and sex life and orientation, if he were to do so, then the basis will usually be that the processing is necessary for the establishment, exercise or defence of legal claims. 

However, in giving legal advice on any public interest matter or case which may bring in “Special information”, and which advice is not directly related to the establishment, exercise or defence of legal claims, the basis would be that the processing is necessary for reasons of substantial public interest on the basis of UK [or EU] law and which processing is proportionate to the aim pursued and which contains appropriate safeguards.

·         Richard Hodgson himself only rarely carries out any marketing, mailshot and publicity exercises.  To the extent that he may do so, he will rely on the legitimate interest basis in respect of his regular and/or long standing professional clients or colleagues and/or recent professional clients or colleagues, otherwise he will rely on the prior informed and freely given consent (so-called “opt-in”) basis for such processing in all other cases.  If a person were to receive any marketing or publicity material from Richard Hodgson, he or she will be offered a simple, effective, rapid and no-cost means of being removed from any future marketing, mailshot or publicity exercises.

 

 

The Data Protection Principles

 

When processing personal data, Richard Hodgson will abide by the Six Principles of the General Data Protection Regulation as set out in its Article 5 as may at any time be modified by the Data Protection 2018 and or any regulations made under that Act or any successor.

 

The six “Principles” under GDPR Art.5 - Personal data shall be [Art.5(1)]:

 

(a)   processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b)   collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;  further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Art.89(1) [archiving purposes], not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c)    adequate, relevant and limited to what is necessary [not excessive in the Bill] in relation to the purposes for which they are processed (‘data minimisation’);

(d)   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’);

(e)    kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;  personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art.89(1) [archiving purposes] subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f)    processed in a manner that ensures appropriate security of the 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’).

 

 

Retention Period of Richard Hodgson

 

Richard Hodgson will typically retain personal information for which he is responsible for a primary period not exceeding 6 years from the date of payment of the last fee note relating to that case or matter.  Voicemails and the equivalent, however, will be routinely deleted.  In certain circumstances, where personal information might be required to be held for a greater period for “evidentiary or regulatory” purposes only, personal data may then be retained on a “Restricted Basis” for a longer period for such purposes.  The use that can be made of personal information stored as “Restricted” is strictly limited by law.

 

The greater period will typically be the maximum periods provided in limitation and statutory retention periods (including the Limitation Act 1980 as may be amended or replaced).  However, Richard Hodgson can give no guarantee nor warranty that information stored electronically and/or digitally will be recoverable if it has been stored for an extended period due to hardware and storage media deterioration and failures, as well the usually occasional difficulty in being able to read a file saved in long-discontinued file format.

 

 

Security of Processing;  Communication encryption policy;  and transfers of information out of the EEA

 

Richard Hodgson uses or might use, with appropriate contracts in place, conforming web-hosting providers, e-mail providers and cloud-based storage providers (also known as “Processors”) who are “based and located” within the EEA (The European Economic Area which presently includes the EU and UK).  To the extent that it may become relevant in the future, his primary e-mail provider is based in Scotland.

 

If Richard Hodgson were to use any such providers who were not based and/or located in the EEA, he will select an appropriate Processor and keep under review the safeguards in place to protect any personal data being processed in such overseas countries and territories.  This would include the use of appropriate/updated Information Commissioner (“ICO”) or EC approved Data Protection Standard Contractual Clauses;  the use of the EU-US Privacy Shield or any ICO or EC successor mechanism for transfers to the USA;  or specific prior and freely given informed consent.  Further, encryption will be used where there were to be a real (as opposed to fanciful) likelihood of damage, suffering, harm or distress being arising from the transfer of personal data out of the EEA.

 

Similarly, if Richard Hodgson were to transfer any personal information to a Controller out of the EEA, typically a non-EEA based professional or lay client, he will rely in contentious issues, cases and matters on the transfer being necessary for the establishment, exercise or defence of legal claims.  For purely non-contentious issues, he will rely on the transfer being necessary for the either the performance of a contract between the client and himself, or for the implementation of pre-contractual measures taken at the client’s request.  In any event, for transfers to non-EEA countries and international organisations, he will abide by Articles 44 to 50 GDPR as may at any time be modified by the Data Protection 2018 and or any regulations made under that Act or any successor.

 

Encryption and communications:  If there were to be a real (as opposed to fanciful) likelihood of damage, suffering, harm or distress being caused by a misaddressed or inappropriately addressed e-mail, usb memory stick, external hard or flash drive or the equivalent, the “sensitive parts” of any personal information will be encrypted before being sent by Richard Hodgson.  The encryption key or “password” will be communicated to the intended recipient by a separate communication means.  Typically, in respect of e-mails, an unencrypted e-mail with an encrypted attachment will be used.  The titles and subject matters of such e-mails will be agreed in advance so as to appear neutral and not enable identification of the subject matter of any encrypted attachments.

 

·         Whilst Richard Hodgson is not responsible for the use by others of unsecure incoming communications, he will endeavour to let any such sender know on a prompt basis that they must use secure means of transmission.  Further, depending on the nature of any set of instructions, Richard Hodgson may require the professional or lay client to use secure means of communications as a basis for accepting instructions, or continuing to accept instructions

·         In any event, if sending any unsecure communication to Richard Hodgson, Design Chambers or to its other individual members, you must satisfy yourself that the communication is one that can be sent in an unsecure way, such as by open unencrypted e-mail with or without unencrypted attachments, or is a communication that can be posted or couriered by a service that does not meet the equivalent standards of the Royal Mail Special Delivery service.

 

 

YOUR RIGHTS - including the right to know what information Richard Hodgson is processing about you:  “Subject Access Requests

 

You have the following important rights under the GDPR and Data Protection Act 2018 and or any regulations made under that Act or any successor:

 

Subject Access Requests - “SARs”

 

You can ask in writing to see what personal data Richard Hodgson holds about you by contacting Richard Hodgson, Data Controller, Design Chambers, 24 Arterberry Road, London, SW20 8AH, UK,.  Richard Hodgson will respond within one month.  Richard Hodgson will not be able to charge you any fee save in exceptional circumstances.

 

·         If you have any questions about how to make a request, you are most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

You should be aware that there are a number of limitations and exemptions to disclosure under an SAR, many of which may be applicable in the legal services sector.

 

·         If you are unhappy with the Reply to an SAR, you have the right to contact the Information Commissioner’s Office - www.ico.org.uk, Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF to request a review (assessment) of the adequacy of the Reply that you received.

 

 

Other Rights you may have

 

·         You have the right to withdraw any consent that you have given

·         You are entitled to request that your personal information be deleted

·         You are entitled to request that some or all of your personal information be erased

·         You are entitled to request that some or all of your personal information be amended

·         You are entitled to object to processing carried out under the legitimate interest basis

·         You are entitled to object to automated decision making (which is not carried out by Richard Hodgson)

·         You may have the right to Data Portability

 

You should be aware that there are a number of limitations and exemptions to these rights, many of which are applicable in the legal services sector.

 

·         If you have any questions about your other rights, you are most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

To find out if you are able to exercise any of these rights, please contact in writing to Richard Hodgson, Data Controller, Design Chamber, 24 Arterberry Road, London, SW20 8AH, UK.

 

 

 

Privacy Notice of Owen Keane, member of Design Chambers

 

Owen Keane provides legal services.  He is his own Data Controller for the services he provides.

 

Owen Keane does not buy, hire or otherwise make use of any third party lists of individuals in the course of the provision of his services.

 

Unless arising in the context of the provision of legal services or required by any applicable law, Regulation, court or tribunal rules, procedures or orders, or by any Regulator of competent jurisdiction (such as the Bar Standards Board - www.barstandardsboard.org.uk), Owen Keane will not pass personal information to any third party without that person’s prior, freely given and informed consent (so-called “opt-in basis”).

 

 

Basis of Processing by Owen Keane

 

·         The basis of processing by Owen Keane will be the legitimate interest in the provision of legal services by a barrister in private practice, regulated by the Bar Standards Board, to professional and lay clients.

·         Whilst Owen Keane is unlikely to process Special Information, which includes information relating to health, racial or ethnic origin, religious beliefs, biometric data, and sex life and orientation, if he were to do so, the basis will then usually be that the processing is necessary for the establishment, exercise or defence of legal claims. 

However, in giving legal advice on any public interest matter or case which may bring in “Special information”, and which advice is not directly related to the establishment, exercise or defence of legal claims, the basis would be that the processing is necessary for reasons of substantial public interest on the basis of UK [or EU] law and which processing is proportionate to the aim pursued and which contains appropriate safeguards.

·         Owen Keane himself only rarely carries out any marketing, mailshot and publicity exercises.  To the extent that he may do so, he will rely on the legitimate interest basis in respect of his regular and/or long standing professional clients or colleagues and/or recent professional clients or colleagues, otherwise he will rely on the prior informed and freely given consent (so-called “opt-in”) basis for processing in all other cases.  If a person were to receive any marketing or publicity material from Owen Keane, he or she will be offered a simple, effective, rapid and no-cost means of being removed from any future marketing, mailshot or publicity exercises.

 

 

The Data Protection Principles

 

When processing personal data, Owen Keane will abide by the Six Principles of the General Data Protection Regulation as set out in its Article 5 as may at any time be modified by the Data Protection 2018 and or any regulations made under that Act or any successor.

 

The six “Principles” under GDPR Art.5 - Personal data shall be [Art.5(1)]:

 

(a)   processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b)   collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;  further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Art.89(1) [archiving purposes], not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c)    adequate, relevant and limited to what is necessary [not excessive in the Bill] in relation to the purposes for which they are processed (‘data minimisation’);

(d)   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’);

(e)    kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;  personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art.89(1) [archiving purposes] subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f)    processed in a manner that ensures appropriate security of the 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’).

 

 

Retention Period of Owen Keane

 

Owen Keane will typically retain personal information for which he is responsible for a primary period not exceeding 6 years from date of payment of the last fee note relating to a case or matter.  Voicemails and the equivalent, however, will be routinely deleted.  In certain circumstances, where personal information might be required to be held for a greater period for “evidentiary or regulatory” purposes only, personal data may then be retained on a “Restricted Basis” for a longer period for such purposes.  The use that can be made of personal information stored as “Restricted” is strictly limited by law.

 

The greater period will typically be the maximum periods provided in limitation and statutory retention periods (including the Limitation Act 1980 as may be amended or replaced).  However, Owen Keane can give no guarantee nor warranty that information stored electronically and/or digitally will be recoverable if it has been stored for an extended period due to hardware and storage media deterioration and failures, as well the usually occasional difficulty in being able to read a file saved in long-discontinued file format.

 

 

Security of Processing;  Communication encryption policy;  and transfers of information out of the EEA

 

Owen Keane uses or might use, with appropriate contracts in place, conforming web-hosting providers, e-mail providers and cloud-based storage providers (also known as “Processors”) who are “based and located” within the EEA (The European Economic Area which presently includes the EU and UK).

 

If Owen Keane were to use any such providers who were not based and/or located in the EEA, he will select an appropriate Processor and keep under review the safeguards in place to protect any personal data being processed in such overseas countries and territories.  This would include the use of appropriate/updated Information Commissioner (“ICO”) or EC approved Data Protection Standard Contractual Clauses;  the use of the EU-US Privacy Shield or any ICO or EC successor mechanism for transfers to the USA;  or specific prior and freely given informed consent.  Further, encryption will be used where there were to be a real (as opposed to fanciful) likelihood of damage, suffering, harm or distress being arising from the transfer of personal data out of the EEA.

 

Similarly, if Owen Keane were to transfer any personal information to a Controller out of the EEA, typically a non-EEA based professional or lay client, he will rely in contentious issues, cases and matters on the transfer being necessary for the establishment, exercise or defence of legal claims.  For purely non-contentious issues, he will rely on the transfer being necessary for the either the performance of a contract between the client and himself, or for the implementation of pre-contractual measures taken at the client’s request.  In any event, for transfers to non-EEA countries and international organisations, he will abide by Articles 44 to 50 GDPR as may at any time be modified by the Data Protection 2018 and or any regulations made under that Act or any successor.

 

Encryption and communications:  If there were to be a real (as opposed to fanciful) likelihood of damage, suffering, harm or distress being caused by a misaddressed or inappropriately addressed e-mail, usb memory stick, external hard or flash drive or the equivalent, the “sensitive parts” of any personal information will be encrypted before being sent by Owen Keane.  The encryption key or “password” will be communicated to the intended recipient by a separate communication means.  Typically, in respect of e-mails, an unencrypted e-mail with an encrypted attachment will be used.  The titles and subject matters of such e-mails will be agreed in advance so as to appear neutral and not enable identification of the subject matter of any encrypted attachments.

 

·         Whilst Owen Keane is not responsible for the use by others of unsecure incoming communications, he will endeavour to let any such sender know on a prompt basis that they must use secure means of transmission.  Further, depending on the nature of any set of instructions, Owen Keane may require the professional or lay client to use secure means of communications as a basis for accepting instructions, or continuing to accept instructions

·         In any event, if sending any unsecure communication to Owen Keane, Design Chambers or to its other individual members, you must satisfy yourself that the communication is one that can be sent in an unsecure way, such as by open unencrypted e-mail with or without unencrypted attachments, or is a communication that can be posted or couriered by a service that does not meet the equivalent standards of the Royal Mail Special Delivery service.

 

 

Your Rights - including the right to know what information Owen Keane is processing about you:  “Subject Access Requests”

 

You have the following important rights under the GDPR and Data Protection Act 2018 and or any regulations made under that Act or any successor:

 

Subject Access Requests - “SARs”

 

You can ask in writing to see what personal data Owen Keane holds about you by contacting Owen Keane, Data Controller, of Design Chambers, 24 Arterberry Road, London SW20 8AH.  Owen Keane will respond within one month.  Owen Keane will not be able to charge you any fee save in exceptional circumstances.

 

·         If you have any questions about how to make a request, you are most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

·         You should be aware that there are a number of limitations and exemptions to disclosure under an SAR, many of which may be applicable in the legal services sector.

 

·         If you are unhappy with the Reply to an SAR, you have the right to contact the Information Commissioner’s Office - www.ico.org.uk, Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF to request a review (assessment) of the adequacy of the Reply that you received.

 

 

Other Rights you may have

 

·         You have the right to withdraw any consent that you have given

 

·         You are entitled to request that your personal information be deleted

·         You are entitled to request that some or all of your personal information be erased

·         You are entitled to request that some or all of your personal information be amended

·         You are entitled to object to processing carried out under the legitimate interest basis

·         You are entitled to object to automated decision making (which is not carried out by Owen Keane)

·         You may have the right to Data Portability

 

You should be aware that there are a number of limitations and exemptions to these rights, many of which are applicable in the legal services sector.

 

·         If you have any questions about your other rights, you are most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

To see if you are able to exercise any of these rights, please contact in writing to Owen Keane, Data Controller of 24 Arterberry Road, London, SW20 8AH.  You are again most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

 

 

Michael Stephens, Door Tenant - Privacy Notice

 

As Michael Stephens is a door tenant, you are respectfully referred to the Privacy Notice - www.kingschambers.com/privacy-policy.html - of his principal chambers, Kings Chambers of Embassy House, 60 Church Street, Birmingham, B3 2DJ - www.kingschambers.com

 

 

 

Design Chambers Privacy Notice

 

IMPORTANT:  As each member is his or her own clerk/practice manager, Design Chambers itself is most likely to be only processing minimal, if any, personal data in the greater majority of instances.  Please refer in the first instance to the Privacy Notices of the individual members of Chambers, as set out above.

 

Typically the personal information that Design Chambers itself may process will include the name, e-mail address, contact details and content of any message of any person making an e-mail request to pass on a message to a member of chambers or enquire about that member’s availability, and/or whether that member is instructed in a particular matter or case, and/or ask that member’s areas of legal practice, and/or whether they can present legal continuing professional development courses.

 

Design Chambers does not buy, hire or otherwise make use of any third party lists of individuals.

 

Unless arising in the context of the provision of legal services to a client or required by any applicable law, Regulation, court or tribunal rules, procedures or orders, or by any Regulator of competent jurisdiction (such as the Bar Standards Board - www.barstandardsboard.org.uk), Design Chambers will not pass personal information to any third party without that person’s prior, freely given and informed consent (so-called opt-in basis”).

 

·         If an individual member of Chambers’ sends an e-mail, SMS text message or equivalent to another member of Chambers as a result of a telephone or other verbal enquiry or request, then the making and contents of that e-mail will be covered by that member’s own Privacy Notice.

 

 

Basis of Processing by Design Chambers

 

·         The basis of processing by Design Chambers itself will usually be the legitimate interest of a set of Barristers’ Chambers to operate in an as efficient way as possible when requested to forward a message to or when responding to e-mailed enquiries about members of Chambers in relation to the provision of legal services and legal continuing professional development courses.

·         Whilst Design Chambers itself is most unlikely to process Special Information, which includes information relating to health, racial or ethnic origin, religious beliefs, biometric data, and sex life and orientation, if it were to do so, the basis will be that the processing is necessary for the establishment, exercise or defence of legal claims.

·         Marketing:  Design Chambers itself only very rarely carries out any marketing, mailshot or publicity exercises.  To the extent that it may do so, it will rely on the prior informed and freely given consent (so-called “opt-in”) basis for processing.  If a duly opted-in person were to receive any marketing or publicity material from Design Chambers itself as opposed from its individual members, he or she will be offered a simple, effective, rapid and no-cost means of being removed from any future marketing, mailshot or publicity exercises.

 

 

The Data Protection Principles

 

When processing personal data, Design Chambers will abide by the Six Principles of the General Data Protection Regulation as set out in its Article 5 as may at any time be modified by the Data Protection 2018 and or any regulations made under that Act or any successor.

 

The six “Principles” under GDPR Art.5 - Personal data shall be [Art.5(1)]:

 

(a)   processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b)   collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;  further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Art.89(1) [archiving purposes], not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c)    adequate, relevant and limited to what is necessary [not excessive in the Bill] in relation to the purposes for which they are processed (‘data minimisation’);

(d)   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’);

(e)    kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;  personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art.89(1) [archiving purposes] subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f)    processed in a manner that ensures appropriate security of the 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’).

 

 

Retention Period of Design Chambers

 

Design Chambers will typically retain personal information for which it is responsible for a primary period not exceeding 6 years from date of receipt.  Voicemails and the equivalent, however, will be routinely deleted.  In certain circumstances, where personal information might be required to be held for a greater period for “evidentiary or regulatory” purposes only, personal data may then be retained on a “Restricted Basis” for a longer period for such purposes.  The use that can be made of personal information stored as “Restricted” is strictly limited by law.

 

The greater period will typically be the maximum periods provided in limitation and statutory retention periods (including the Limitation Act 1980 as may be amended or replaced).  However, Design Chambers can give no guarantee nor warranty that information stored electronically and/or digitally will be recoverable if it has been stored for an extended period due to hardware and storage media deterioration and failures, as well the usually occasional difficulty in being able to read a file saved in long-discontinued file format.

 

 

Security of Processing;  Communication encryption policy;  and transfers of information out of the EEA

 

·         IMPORTANT:  As regards the Security of Processing, communication encryption policy and transfers of information out of the EEA of individual members of Design Chambers, please refer to their individual policies set out a little way below

 

Design Chambers itself uses or might use, with appropriate contracts in place, conforming web-hosting providers, e-mail providers and cloud-based storage providers (also known as “Processors”) who are “based and located” within the EEA (The European Economic Area which presently includes the EU and UK).  To the extent that it may become relevant in the future, the primary e-mail provider is based in Scotland.

 

If Design Chambers itself were to use any such providers who were not based and/or located in the EEA, it will select an appropriate Processor and keep under review the safeguards in place to protect any personal data being processed in such overseas countries and territories.  This would include the use of appropriate/updated Information Commissioner (“ICO”) or EC approved Data Protection Standard Contractual Clauses;  the use of the EU-US Privacy Shield or any ICO or EC successor mechanism for transfers to the USA;  or specific prior and freely given informed consent.  Further, encryption will be used where there were to be a real (as opposed to fanciful) likelihood of damage, suffering, harm or distress being arising from the transfer of personal data out of the EEA.

 

Similarly, if Design Chambers itself were to transfer any personal information to a Controller out of the EEA, typically a non-EEA based professional or lay client, it will rely in contentious issues, cases and matters on the transfer being necessary for the establishment, exercise or defence of legal claims.  For purely non-contentious issues Design Chambers itself will rely on specific and freely given informed consent.  In any event, for transfers to non-EEA countries and international organisations, Design Chambers will abide by Articles 44 to 50 GDPR as may at any time be modified by the Data Protection 2018 and or any regulations made under that Act or any successor.

 

Encryption and communications:  If there were to be a real (as opposed to fanciful) likelihood of damage, suffering, harm or distress being caused by a misaddressed or inappropriately addressed e-mail, usb memory stick, external hard or flash drive or the equivalent, the “sensitive parts” of any personal information will be encrypted before being sent by Design Chambers.  The encryption key or “password” will be communicated to the intended recipient by a separate communication means.  Typically, in respect of e-mails, an unencrypted e-mail with an encrypted attachment will be used.  The titles and subject matters of such e-mails will be agreed in advance so as to appear neutral and not enable identification of the subject matter of any encrypted attachments.

 

·         Whilst Design Chambers is not responsible for the use by others of unsecure incoming communications, it will endeavour to let any such sender on a prompt basis that they must use secure means of transmission.

·         In any event, if sending an unsecure communication to Design Chambers or to its individual members, you must satisfy yourself that the communication is one that can be sent in an unsecure way, such as by open unencrypted e-mail with or without unencrypted attachments, or is a communication that can posted or couriered by a service that does not meet the equivalent standards of the Royal Mail Special Delivery service.

 

 

YOUR RIGHTS - including the right to know what information Design Chambers is processing about you:  “Subject Access Requests”

 

You have the following important rights under the GDPR and Data Protection Act 2018 and or any regulations made under that Act or any successor:

 

 

Subject Access Requests - “SARs”

 

You can ask, in by e-mail or in writing, to see what personal data Design Chambers holds about you by contacting Design Chambers’ Controller, Richard Hodgson, 24 Arterberry Road, London, SW20 8AH, UK,.  Design Chambers will respond within one month.  Design Chambers will not be able to charge you any fee save in exceptional circumstances.

 

·         If you have any questions about how to make a request, you are most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

·         IMPORTANT:  Given the limited role of Design Chambers itself in processing personal information, you are strongly advised, if considering making a subject access request to Design Chambers, to make another request to the relevant individual member of Design Chambers as well.

 

You should be aware that there are a number of limitations and exemptions to disclosure under an SAR, many of which may be applicable in the legal services sector.

 

·         If you are unhappy with the Reply to an SAR, you have the right to contact the Information Commissioner’s Office - www.ico.org.uk, Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF to request a review (assessment) of the adequacy of the Reply that you received.

 

 

Other Rights you may have

 

·         You have the right to withdraw any consent that you have given

·         You are entitled to request that your personal information be deleted

·         You are entitled to request that some or all of your personal information be erased

·         You are entitled to request that some or all of your personal information be amended

·         You are entitled to object to processing carried out under the legitimate interest basis

·         You are entitled to object to automated decision making (which is not carried out by Design Chambers)

·         You may have the right to data portability

 

You should be aware that there are a number of limitations and exemptions to these rights, many of which are applicable in the legal services sector.

 

To see if you are able to exercise any of these rights, please contact in writing to Design Chamber’s Controller, Design Chambers, of 24 Arterberry Road, London, SW20 8AH, UK.

 

·         You are again most strongly encouraged to contact the Controller who will do his best to assist you.  Please do not hesitate to make informal contact by telephone or e-mail in the first instance.

 

Design Chambers Controller:  Richard Hodgson of Design Chambers, of 24 Arterberry Road, London, SW20 8AH, UK.

 

 

·         For details of the Controllers and policies of the Individual Members of Design Chambers, please see well above

 

 

 

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Equality and Diversity Notice and other Policies of Design Chambers - including Complaints

 

Design Chambers is an equal opportunities chambers, in respect of  its members [there are no staff], its lay and professional clients, and those who provide services to chambers, such as couriers and IT services.  In practice, this means that as regards the selection of its members, those who provide services to chambers as well as the way members deliver their service to lay and professional clients, there is and will be no discrimination, either direct or indirect, on the following grounds:

 

·         Age

·         Race (including colour, nationality and ethnic or national origins)

·         Sex

·         Pregnancy and maternity

·         Disability - members of chambers will make reasonable adjustments at all material times, such as, but not limited to, not charging for travelling time to see a disabled lay or professional client.  Members of Chambers are always willing to discuss and agree suitable and appropriate measures and actions at any time.

·         Sexual orientation

·         Marriage and civil partnership

·         Religion or belief

·         Gender assignment

 

The above includes the need to ensure that members of chambers do not harass, act to the detriment of , nor victimise potential applicants, clients, and those who provide services to chambers.  Harassment and victimisation will not be tolerated nor condoned, and anyone who considers that they have been subject to such behaviour has a right to involved the complaints procedure, very preferably on a prompt basis.

 

At all times, chambers will act in accordance with the Equality and Diversification Rules of the Bar Standards Board's Code of Conduct (in particular r.305.1, r.408 and r.409 as may be updated and applicable to the size and nature of chambers at any given time).  Further, chambers similarly adopts the principles set out in the Guidelines of the Bar Standards Board on the Equality and Diversity Provisions of the Code of Conduct - including the model policies in section 12 (as may be updated) as to harassment; parental leave;  and reasonable adjustments for those with disabilities, as well as the replies given by the Bar Standards Board in its "New Equality Provisions of the Code of Conduct - Frequently asked Questions".  Yet further, chambers also similarly adopts the principles of the Bar Standards Board Guidance on the Diversity Collection Rules.

 

Equality and Diversity Officer, and Data Diversity Officer:  Richard Hodgson of Design Chambers

 

 

Link to Design Chambers Complaints Procedure

 

 

Recruitment:  Design Chambers will act fairly and in line with the current laws, regulations and codes in training and making any arrangements to advertise, interview and select any new member of chambers or pupil.  Please note that Design Chambers does not presently intend to recruit any staff, pupils or mini-pupils for the period 2018 - 2020.  If there were to be change, an announcement will be made on this website.

 

 

Some Anonymised Diversity Data in respect of Design Chambers members

 

All members are male (in the past - but prior to her planned retirement - there has been a female member of chambers)

1 member is in the 49 to 54 year old age group

1 member is in the 55 to 59 year old age group

1 member is in the 60-64 year old age group

1 member is White British

1 member is White British/Irish

1 member is White British/Other European

 

 

Unsolicited e-mail attachments

Design Chambers' general policy is not to open e-mail attachments (even though virus-checked on receipt), save those that are expected or are from sources well known to Chambers.  Please note that this policy very much includes ".txt", ".axles", ".pot", ".off", ".doc"; ".docks"; and ".PDF" attachments as well as any unsolicited curriculum vitae ("co").

 

 

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