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9 King's Bench Walk Privacy Policy

Purpose of this Policy

This privacy policy applies to our use of any and all data collected by us or provided by you.

Please read this policy carefully

What is a Privacy Policy and why do we have one?

A privacy policy explains what categories of personal data we hold and how we store, disclose and secure that personal data. It tells you the contact details of the person designated as responsible for data privacy and the supervisory authority (in the UK this is the Information Commissioner’s Office). The purpose of the statement is to inform data subjects what their data is being used for and who they can contact if they have any questions or complaints. 

Data subjects are any living individual to whom personal data relates. Personal data means any information held in relation to an identifiable person. This is a person that can be identified, directly or indirectly, by reference to an identifier (which includes their name, identification number, location data or an online identifier).

Why is a new Privacy Policy needed for GDPR?

The General Data Protection Regulation (GDPR) comes into force in May 2018, directly applicable to the UK. It develops and increases the obligations of data controllers set out under the Data Protection 1998 (DPA).

Articles 13 and 14 contain specific requirements for the content and presentation of privacy policies. They are more detailed then the provisions in the DPA 1998 that is currently in force and place an emphasis on making privacy notices understandable and accessible. Key changes include new disclosure requirements, expanded definitions of important terms and new style and formatting requirements. 

Key changes to Privacy Policies

Content Requirements

All privacy notices must now contain:

The data controller’s  identity and contact details, and/or the EU representative’s identity and contact details;
The contact details of any data protection officer; The purposes of processing the personal data;
The legal basis for processing the purpose personal data;
Any recipients or categories of recipients that the personal data will be disclosed to;
Whether we are intending to transfer personal data to a third country or international organisation, and the data transfer mechanism being used to legalise the transfer;
The period of time we will store the personal data, or if that is not known, the criteria you use to determine the period that the data is stored;
Rights of access, rectification, erasure, restriction of processing, objection to processing and data portability;
The right to withdraw that consent and how to exercise that right; 
The right to make a complaint to a local data protection authority and how to exercise that right. 
The existence of data subject rights:
Whether it is intended that the data will be processed for any other purpose then that which the data was collected;
Whether the provision of personal data is a statutory or contractual requirement, or necessary to enter into a contract, and the consequences of failing to provide the information; and
The source of the data, if the data was not obtained from the data subject.
9 King’s Bench Walk Privacy Policy

This Statement of Privacy applies to 9 King’s Bench Walk and governs data collection, processing and usage. By using our website and services you consent to 9 KBW’s data practices described in this statement, as well as our Terms & Conditions. If you do not agree to any part of this Statement of Privacy, then you should cease to access our website or any part of it. For the purposes of the Data Protection Act 1998 (Act) and from May 25th2018 including the General Data Protection Registration, the Data Controller is 9 King’s Bench Walk

Our Privacy Policy is designed to tell you as clearly as possible  what will happen to any personal data that you provide to us as a result of using this website, how we safeguard your privacy when you provide us with information or if you instruct one of our counsel to act on your behalf. 

This policy falls to be regulated by the Information Commissioners Office in accordance with the provisions of the Data Protection Act 1998. From May 25th 2018 this will also be subject to the provisions set out in the General Data Protection Regulation.

We also need to tell you how you can view or change the information that we have collected and you will find that information contained within this policy.

Definitions

Identified terms in this Policy have the following meanings:

“Client” means a prospective, current or former client of 9 KBW. The term shall also include any individual agent, employee, representative or client of 9KBW where 9KBW  has obtained his or her Personal Data from such client as part of its professional relationship with the client. 

“Data Subject” means an identified or identifiable natural living person about whom Personal Data is being processed. 

“Employee” means an employee (whether temporary, permanent, part-time or contract) of 9 KBW. 

“Personal Data” as defined under the European Union Directive 95/46/EC, Personal Data means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address and password. Personal Data does not include data that is de-identified, anonymous, or publicly available. 

“Sensitive Data” means Personal Data that discloses a Data Subject’s 

• Political opinions

• Religious or other beliefs of a similar nature

• Membership of trade unions

• Physical or mental health or condition

• Sexual life or sexual orientation

• Genetic data or biometric data where processed to uniquely identify an individual

• Data relating to criminal convictions and offences medical or health condition, race or ethnicity, political, religious affiliations, sexual orientation, or trade union membership. Sensitive Data is any sensitive data relating to you, including information about your political opinion, religious beliefs or any other beliefs of a similar nature. 9 KBW will not process Sensitive Data about you without your express consent.

“Third Party” means any individual or entity that is neither 9 KBW nor a 9 KBW employee, agent, contractor or representative. 

Collection of your Personal Data 

9 King’s Bench Walk collects, uses and is responsible for personal information about you. When Chambers does this it is the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018. 

9 KBW may collect and process Personal Data, such as your e-mail address, name, home or work address or telephone number. If you instruct Counsel at 9 KBW we may collect and store billing and credit card information. 9 KBW may also collect anonymous demographic information which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites

If you need to contact Chambers about your information or the processing carried out you can use the contact details at the end of this document.

Who is collecting your Information?

Chambers of Shabeena Azhar and Jonathan Mole at 9 King’s Bench Walk collects some or all of the following personal information that you provide:

What information is collected and what does Chambers do with your information?

Your privacy is very important to us so you need to be clear that by providing personal information such as your name or e-mail address or filling in our enquiry or feedback forms, you are agreeing that we may contact you with regard to the information provided to maintain quality of the service and to provide general statistics regarding use of the Website. Please see our Cookie Policy.

9KBW encourages you to review the privacy statements of websites you choose to link to from the Website, so that you can understand how those websites collect, use and share your information. 9KBW is not responsible for the privacy statements or other content on other websites

We may ask you to provide personal information if you register for any seminar or other event hosted by 9KBW, which we may then store and use. We may collect information such as your name, title, job title, email address, telephone numbers, firm or company name, billing address, home address, bank card and banking details. We will never collect personal details from you without your knowledge and permission. The information you provide us may be used to contact you through postal mail or email or by telephone.

Information about your computer hardware and software also may be automatically collected by the Website. This information can include your IP address, browser type, domain names, access times and referring website addresses. This information is used by 9 KBW for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of the Website. Please see our Cookies Policy below and our notice on the website.

9KBW encourages you to review the privacy statements of websites you choose to link to from the Website, so that you can understand how those websites collect, use and share your information. 9KBW is not responsible for the privacy statements or other content on other websites

We may collect the following information

a.         personal details

b.         family details

c.         lifestyle and social circumstances

d.         goods and services

e.         financial details

f.          education, training and employment details 

g.         physical or mental health details

h.         racial or ethnic origin

i.          political opinions

j.          religious, philosophical or other beliefs 

k.         trade union membership

l.          sex life or sexual orientation

m.        genetic information

n.         biometric information for the purpose of uniquely identifying a natural person 

o.         criminal proceedings, outcomes and sentences, or related security measures

p.         other personal information relevant to instructions to provide legal services, including information specific to the instructions in question.

 

Information collected from other sources.

The same categories of information may also be obtained from third parties, such as members of Chambers, experts, members of the public, your family and friends, witnesses, courts and other tribunals, suppliers of goods and services, investigators, government departments, regulators, public records and registers    

How Chambers uses your personal information: Purposes

Chambers may use your personal information for the following purposes:

i.          to promote and market the services of the Barristers 

ii.         to train barristers 

iii.        to recruit staff and pupils

iv.        to assess applications for tenancy, pupillage, internship, temporary vacancies and mini-pupillages

v.         to fulfil equality and diversity and other regulatory requirements,

vi.        to procure goods and services,

vii.       to manage matters relating to employment, including payroll and pensions

viii.      to respond to requests for references

ix.        to publish legal judgments and decisions of courts and tribunals

x.         to respond to potential complaints or make complaints 

xi.        to carry out anti-money laundering and terrorist financing checks

xii.       as otherwise required or permitted by law.

Marketing and promotion

In relation to personal information collected for marketing purposes, the personal information consists of 

•          names, contact details, and name of organisation

•          the nature of your interest in Chambers' marketing 

•          your attendance at Chambers events.

This will be processed so that you can be provided with information about Chambers and our Barristers and to invite you to events.

You may contact Chambers using the contact details at the end of this document if you no longer wish to receive such invitations or information. 

Whether information has to be provided by you, and why

If you apply to Chambers for a position or are seeking a reference or are a member of staff your personal information has to be provided to Chambers, so that your application, your educational qualifications, your regulatory professional subscriptions,  your fees, your contributions to Chambers expenses any salary, commission and pensions can be administered. It also enables Chambers to comply with its regulatory obligations, and to keep accounting records

If you are offering or providing Chambers with goods or services your information may be processed in relation to such offers or contracts. 

Information about your computer hardware and software also may be automatically collected by the Website. This information can include your IP address, browser type, domain names, access times and referring website addresses. This information is used by 9 KBW for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of the Website. Please see our Cookie Policy.

9KBW encourages you to review the privacy statements of websites you choose to link to from the Website, so that you can understand how those websites collect, use and share your information. 9KBW is not responsible for the privacy statements or other content on other websites 

Security of your personal information

We will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Any personal data is kept stored electronically on a hosted, password protected and encrypted server.  Members of 9KBW may also store data on their own personal electronic devices, which are also suitably protected by password and encryption.

Hard copies of data are stored on secured premises with code entry security. Sensitive data will be further stored in a locked and secure container within a locked room.

Disclosure of and Retention of Personal Data where Counsel instructed

Counsel will only share any personal data provided by a client with authorised persons (other lawyers, pupils, government  agencies and staff employed by Chambers) and only in circumstances where it  becomes necessary. This will include disclosing the data to alternative Counsel, either within 9KBW or at another set of Chambers, if your barrister is unavailable on the day. Any change of Counsel will be discussed with your solicitor or with any lay client instructing Counsel under the Direct Public Access scheme as set out in our client care policy.

The personal data we obtain will be disclosed only to employees, officers, agents or members of 9KBW and only as much as is reasonably necessary for the purposes as set out in this privacy policy. In addition, we may disclose your personal information:

Employees: 9 KBW employees may access and use Personal Data only if they are authorised to do so and only for the purpose for which they are authorised.

The legal basis for processing your personal information 

Chambers relies on the following as the lawful bases to collect and use your personal information:

If you have consented to the processing of your personal information, then Chambers may process your information for the Purposes set out above to the extent to which you have consented to Chambers doing so.
In relation to information in categories (g) to (o) above (these being categories which are considered to include particularly sensitive information and which include information about criminal convictions or proceedings), Chambers is entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for the establishment, exercise or defence of legal rights. 
In relation to information which is not in categories (g) to (o) above, Chambers relies on its legitimate interests and/or the legitimate interests of a third party in carrying out the processing for the purposes set out above. 
In relation to information which is in categories (g) to (o) above (these being categories which include particularly sensitive information and which include information about criminal convictions or proceedings), Chambers relies on your consent for any processing for the purposes set out in purposes (i), (ii), (vi) and (viii) above. However, if you do not consent to processing for the purpose of providing a reference Chambers will be unable to take or provide a reference. This is because Chambers needs to be able to retain all information about you to provide an informed and complete reference.
The processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on Chambers or you in connection with employment, social security or social protection. Chambers has a policy document to comply with this obligation – DPA Bill sch. 1 Part 1. para. 1(1)(b).
•    The processing is necessary for the assessment of your working capacity or health or social care purposes.

The processing of information in categories (g), (h), (j) and (l), is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between members of staff, tenants, pupils and mini-pupils with a view to enabling such equality to be promoted or maintained Chambers has a policy document to comply with this obligation – DPA Bill sch 1 Pt 2 para. 5(1) & Para. 39 in Pt 4].
The processing is necessary to prevent or detect unlawful acts where it is in the substantial public interest and it must be carried out without consent so as not to prejudice those purposes.
In certain circumstances processing may be necessary in order that Chambers can comply with a legal obligation to which it is subject (including carrying out anti-money laundering or terrorist financing checks).
Who will Chambers share your personal information with?

It may be necessary to share your information with the following:

information processors, such as the sub contracted Managing Consultant and Administrator, payroll support, outsourced fee clerks, IT support staff, email providers, website designers information storage providers.
in the event of complaints, the Head of Chambers and members of Chambers who deal with complaints, the Bar Standards Board and the Legal Ombudsman
other regulatory authorities
current, past or prospective employers or employees
in the case of recruitment of barristers to or from other chambers, your current, past and prospective chambers
education and examining bodies
legal professionals
experts and other witnesses
prosecution authorities
local authority lawyers
courts and tribunals
Chambers’ staff
pupil barristers
lay and professional clients of Members of Chambers
family and associates of the person whose personal information Chambers is processing
current, past or prospective employers
business associates, professional advisers and trade bodies, e.g. the Bar Council
the intended recipient, where you have asked Chambers to provide a reference
the general public in relation to the publication of legal judgments and decisions of courts and tribunals Chambers has a policy document to comply with this obligation  - DPA Bill sch. 1 Part 2. para. 5(1)].
Chambers 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 Chambers’ consent or your consent, which includes privileged information.

Chambers may also be required to disclose your information to the police or intelligence services, where required or permitted by law.  

The personal information Chambers obtains may include information obtained from: 

•          legal professionals

•          experts and other witnesses

•          prosecution authorities

•          courts and tribunals

•          pupil barristers

•          lay and professional clients of members of Chambers 

•          family and associates of the person whose personal information Chambers is processing

•          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

•          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 Chambers to provide a reference.

•          the general public in relation to the publication of legal judgments and decisions of courts and tribunals Chambers hasa policy document to comply with this obligation – DPA Bill sch. 1 Part 2. para. 5(1)].

•          data processors, such as sub contracted Managing Consultant and Administrator, payroll support, outside fee collectors IT support staff, email providers, data storage providers , website designers

•          public sources, such as the press, public registers and law reports. 

9KBW Cookie Policy. 

Use of cookies

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

Cookies are small pieces of data which are stored for you on your computer by your web browser. They are used to improve your online experience by almost every website. If you do not know what cookies are, or how to control or delete them, detailed guidance can be found by visiting www.aboutcookies.org.

We aim to keep cookies to a minimum, and we only store information from Google Analytics;

Google Analytics: these cookies are called __utma __utmb __utmc and __utmz.

We use Google Analytics cookies to understand how and when and why our website is being accessed so that we learn from the analysis and continue to improve and widen the scope of the information we provide on our website. All information is collected in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they have been interested in viewing. More information on how to reject or delete these cookies can be found at: www.google.com/intl/en/policies/privacy.

If you are not happy with the cookies that we use, you should either not use this website, or you should delete cookies after having visited the site. Alternatively, you should browse this website using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.).

Transfer of your information outside the European Economic Area (EEA)

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 EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your information to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.

Some countries and organisations outside the EEA have been assessed by the European Commission and their information protection laws and procedures found to show adequate protection. The list can be found here. https://ico.org.uk/for-organisations/guide-to-data-protection/principle-8-international  Most do not. If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.

Chambers may transfer your personal information to the following which are located outside the European Economic Area (EEA):

cloud information storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable me to store your information and/or backup copies of your information so that Chambers may access your information when they need to. The USA does not have the same information protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/information-protection/information-transfers-outside-eu/eu-us-privacy-shield_en.]
cloud information storage services based in Switzerland, in order to enable me to store your information and/or backup copies of your information so that Chambers may access your information when it needs to. Switzerland does not have the same information protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/information-protection/information-transfers-outside-eu/adequacy-protection-personal-information-non-eu-countries_en.]
If Chambers decides to publish a judgment or other decision of a Court or Tribunal containing your information then may be published to the world.  
Chambers will not [otherwise] transfer personal information outside the EEA [except as necessary for the conduct of any legal proceedings]. 
If you would like any further information please use the contact details at the end of this document.

How long will Chambers store your personal information? 

Chambers will normally store all your information:

until at least 7 years after the expiry of any relevant limitation period, for example the date on which you leave Chambers or your employment terminates, the date of the last provision of service or goods, the date of the last payment of your tax and NIC to HMRC, the date of the last fee payment made or received or the date on which all outstanding payments are written off, whichever is the latest and for the purposes of conflict checks. This is because it may be needed for potential legal proceedings or enquiries from Government agencies such as the LAA or HMRC or CPS or instructing solicitors regarding advice on appeal or making enquiries concerning fees At this point any further retention will be reviewed and the information 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 needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out as soon as reasonably practicable after the information is marked for deletion. Chambers and its members may on occasions need to retain data for longer periods where substantial reason can be demonstrated for doing so. Chambers and its members will regularly review all retained data and any retained for periods other than that specified in individual as well as Chambers GDPR policies will be noted specifically with the reasons for retention. 
Equality and diversity data may be retained for a period of three years in pseudonymised form for the purpose of research and statistics and complying with regulatory obligations in relation to the reporting of equality and diversity data.
Names and contact details held for marketing purposes will be stored indefinitely or until Chambers becomes aware or is informed that the individual has ceased to be a potential client.
Personal information held for recruitment purposes or in relation to pupillage , internship or mini-pupillage will be stored for a period of three years from, for example, the date on which you leave Chambers or your employment terminates, the date of the last provision of service or goods. This is because we may receive requests for references or enquiries from Government departments concerning your employment status and records held by us. At this point any further retention will be reviewed and the information 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 needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out as soon as reasonably practicable after the information is marked for deletion. 
Consent 

As explained above, Chambers is relying on your explicit consent to process your information in categories (g) to (o) above. You provided this consent when you applied to become a member of staff, tenant, pupil or mini-pupil or you asked Chambers to provide a reference].

You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity carried out prior to you withdrawing your consent. However, where Chambers also relies on other bases for processing your information, you may not be able to prevent processing of your information. 

If there is an issue with the processing of your information, please contact Chambers using the contact details below. 

Your Rights 

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;

•          Ask for correction of mistakes in your information or to complete missing information Chambers holds on you;

•          Ask for your personal information to be erased, in certain circumstances;

•          Receive a copy of the personal information you have provided to me or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine-readable format, e.g. a Word file;

•          Object at any time to processing of your personal information for direct marketing;

•          Object in certain other situations to the continued processing of your personal information;

•          Restrict the processing of your personal information in certain circumstances;

You have the right to ask us not to process your Personal Data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes

Right to access, change or delete Personal Data

Right to access: the Act gives Data Subjects the right to access information held about them, to ensure that such Personal Data is accurate and relevant for the purposes for which we collected the data. You may ask to review your Personal Data stored in 9KBW databases and correct, erase or block any data that is incorrect, as permitted by applicable law. Your right of access can be exercised in accordance with the Act. 

You may ask us to provide you with any personal information we hold about you. Provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address). We may withhold such personal information to the extent permitted by law.

We know how to recognise a subject access request and we understand when the right of access applies.

We have a policy for how to record requests we receive verbally. 
We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so.
We understand the nature of the supplementary information we need to provide in response to a subject access request.
We have processes in place to ensure that we respond to a subject access request without undue delay and within one month of receipt.
We are aware of the circumstances when we can extend the time limit to respond to a request.
We understand that there is a particular emphasis on using clear and plain language if we are disclosing information to a child.
We understand what we need to consider if a request includes information about others.
You may edit your Personal Data by contacting us by phone or email. In making modifications to your Personal Data, you must provide only truthful, complete and accurate information. To request erasure of Personal Data, please submit a written request. 

Satisfying Requests for Access, Modifications, and Corrections: we will endeavour to respond in a timely manner to all reasonable written requests to view, modify, or inactivate 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.

How to make a complaint? 

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 information protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.  

Future Processing

Chambers does not intend to process your personal information except for the reasons stated within this privacy policy. If this changes, this privacy policy will be amended and placed on the Chambers’ website at www.9kbw.com 

Changes to this Policy Policy

This privacy policy was published on 30thMay 2018

Chambers continually reviews its privacy practices and may change this policy from time to time. When it does an amended privacy policy and notice will be placed on the Chambers’ website www.9kbw.com

Contact Details

If you have any questions about this privacy policy or the information Chambers holds about you, please contact Chambers using the contact details below. 

The best way to contact Chambers is to write to Christine Eadie Managing Consultant or by email at email to Christine@9kbw.com or by phone 020 7353 9564

General matters

Please let us know at any time if the personal data that we hold about you needs to be corrected or updated.

The 9KBW website contains links to other websites. 9KBW is not responsible for the content or privacy policies of these websites. If you have any questions about this privacy policy or our treatment of your personal information or if you would like your details removed from any of our mailing lists please contact Christine@9kbw.com

 

GDPR 9KBW Policy On Processing of Data In Compliance with DPA Bill sch. 1 Part 1. para. 1(1)(b)] & In Compliance with Schedules 2 & 3

9 KBW understands and will comply with the requirements of the DPA Bill sch. 1 Part 1. para. 1(1)(b)] and with Schedules 2 and 3 of the said Act.

Those requirements for the processing of Data are as follows;

Part 1.para 1(1)(b) DPA Bill sch1 Part 1

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a)at least one of the conditions in Schedule 2 is met, and

(b)in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met. 

SCHEDULE 2

Conditions relevant for purposes of the first principle: processing of any personal data

1 The data subject has given his consent to the processing.

2 The processing is necessary—

(a)for the performance of a contract to which the data subject is a party, or

(b)for the taking of steps at the request of the data subject with a view to entering into a contract.

3 The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4 The processing is necessary in order to protect the vital interests of the data subject.

5 The processing is necessary—

(a)for the administration of justice,

[F1(aa)for the exercise of any functions of either House of Parliament,]

(b)for the exercise of any functions conferred on any person by or under any enactment,

(c)for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d)for the exercise of any other functions of a public nature exercised in the public interest by any person.

6(1)The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

(2)The [F2 Secretary of State] may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

 [F37The processing is necessary for the purposes of making a disclosure in good faith under a power conferred by—

(a)section 21CA of the Terrorism Act 2000 (disclosures between certain entities within regulated sector in relation to suspicion of commission of terrorist financing offence or for purposes of identifying terrorist property), or

(b)section 339ZB of the Proceeds of Crime Act 2002 (disclosures between certain entities within 

SCHEDULE 3

Conditions relevant for purposes of the first principle: processing of sensitive personal data

1 The data subject has given his explicit consent to the processing of the personal data.

2(1)The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment.

(2)The [F1 Secretary of State] may by order—

(a)exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b)provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.

3 The processing is necessary—

(a)in order to protect the vital interests of the data subject or another person, in a case where—

(i)consent cannot be given by or on behalf of the data subject, or

(ii)the data controller cannot reasonably be expected to obtain the consent of the data subject, or

(b)in order to protect the vital interests of another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld.

4 The processing—

(a)is carried out in the course of its legitimate activities by any body or association which—

(i)is not established or conducted for profit, and

(ii)exists for political, philosophical, religious or trade-union purposes,

(b)is carried out with appropriate safeguards for the rights and freedoms of data subjects,

(c)relates only to individuals who either are members of the body or association or have regular contact with it in connection with its purposes, and

(d)does not involve disclosure of the personal data to a third party without the consent of the data subject.

5 The information contained in the personal data has been made public as a result of steps deliberately taken by the data subject.

6 The processing—

(a)is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

(b)is necessary for the purpose of obtaining legal advice, or

(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

7(1)The processing is necessary—

(a)for the administration of justice,

[F2(aa)for the exercise of any functions of either House of Parliament,]

(b)for the exercise of any functions conferred on any person by or under an enactment, or

(c)for the exercise of any functions of the Crown, a Minister of the Crown or a government department.

(2)The [F3 Secretary of State] may by order—

(a)exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b)provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.

(i)the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation; or

(ii)any other processing by that person or another person of sensitive personal data so disclosed; and

(b)is necessary for the purposes of preventing fraud or a particular kind of fraud.

(2)In this paragraph “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes.]

[F57BThe processing is necessary for the purposes of making a disclosure in good faith under a power conferred by—

(a)section 21CA of the Terrorism Act 2000 (disclosures between certain entities within regulated sector in relation to suspicion of commission of terrorist financing offence or for purposes of identifying terrorist property), or

(b)section 339ZB of the Proceeds of Crime Act 2002 (disclosures within regulated sector in relation to money laundering suspicion).]

8(1)The processing is necessary for medical purposes and is undertaken by—

(a)a health professional, or

(b)a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional.

(2)In this paragraph “medical purposes” includes the purposes of preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of healthcare services.

9(1)The processing—

(a)is of sensitive personal data consisting of information as to racial or ethnic origin,

(b)is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and

(c)is carried out with appropriate safeguards for the rights and freedoms of data subjects.

(2)The [F6 Secretary of State] may by order specify circumstances in which processing falling within sub-paragraph (1)(a) and (b) is, or is not, to be taken for the purposes of sub-paragraph (1)(c) to be carried out with appropriate safeguards for the rights and freedoms of data subjects

10 The personal data are processed in circumstances specified in an order made by the [F7 Secretary of State] for the purposes of this paragraph.

Charles Drinnan succeeds for the Isle of Wight Council, the Respondent in an Appeal against an enforcement notice under the Regulatory Reform (Fire Safety) Order 2005
The Appellant appealed against an enforcement notice served by the Council over numerous dangerous fire safety issues in four properties on the Island – an important issue in the aftermath of the Grenfell fire

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Laura Paisley joins 9KBW
9 KBW is delighted to welcome Laura Paisley as our latest tenant, following the successful completion of her pupillage. Laura specialises in criminal and regulatory law and her full profile will be uploaded shortly.

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R –v- Fritz Brown – Kingston Crown Court – August 2018
John Clifford secures conviction after trial in Operation Trident investigation into importation of firearms from Slovenia. Package intercepted containing a number of pistols and fully automatic machine gun at courier depot

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R –v- Marcus Walters – Kingston Crown Court – August 2018
John Clifford secures conviction after trial in Rape and ABH case where victim met Defendant through mutual friend on evening in question at her address. All three were drinking before Defendant followed victim upstairs and made unwanted

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R –v- Sher-Afgan Khattak – Kingston Crown Court [Operation Meaning]
John Clifford secures conviction in Organised Crime Division case on prohibited firearm, ammunition and possession with intent to supply Class A drugs.

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