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Privacy Notice for Joanna Frivet

 

I want you to know that when you use my services you can trust me with your information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.

 

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Guernica 37 Chambers, 6 Pump Court (First Floor West) Temple, London EC4Y 7AR and my ICO registration number is ZB351574.

If you need to contact me about your data or this privacy notice, please email clerks@guernica37.com . My clerks will forward your email to me.

 

Why I process personal data?

All the information I hold about you is provided to or gathered by me in the course of your case and/or proceedings. Your solicitor and I will tell you why we need the information and how we will use it. On occasion I may also obtain information that is available publicly. If you instruct me on a Direct Access basis, I will tell you what information I hold and how I will use it

Personal data is any information that can be used to identify an individual, and it can range from the most basic of details such as contact information through to more complex data.

Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by both the General Data Protection Regulation (the GDPR) and the Data Protection Act 2018.

However, not all personal data is considered equal. There are two different categories: ‘personal data’ and ‘special categories of personal data’.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

  • Personal and family information, including names, dates of birth, and personal contact details;

  • Financial details such as financial status and bank details;

  • Records of education, training and employment;

  • Other personal information relevant to the provision of legal services, including information relevant to the specific instructions given in a case.

Sensitive and special data including:

  • Information about physical and mental health, including any relevant Covid-19 Track and Trace information;

  • Racial or ethnic origin;

  • Political opinions;

  • Religious, philosophical or other beliefs;

  • Trade union membership;

  • Sex life or sexual orientation;

  • Genetic and biometric information of natural persons.

 

How Do I Collect Information?

In most circumstances you will provide me with personal data when you instruct me to provide legal services. 

I may also obtain information from third parties, parties involved in legal proceedings, such as witnesses, courts and tribunals, Public Records and the media.

I comply with my obligations under the GDPR:

  • by collecting and retaining only data necessary to pursue my legitimate business interests;

  • by ensuring that appropriate technical measures are in place to protect personal data;

  • by keeping personal data up to date;

  • by storing and destroying data securely.

 

How I Use Your Personal Information?

I may use your personal information for the following purposes:

  • Provide legal advice and representation;

  • Maintain the safety, security and integrity of our services;

  • Investigate and address your concerns or any complaints relating to our services;

  • Communicate with you about services, news, updates and events;

  • Communicate with my clerks and other members of staff in connection with your case;

  • Investigate or address legal proceedings relating to your use of our services or as otherwise allowed by applicable law;

  • Make statutory returns as required by law;

  • to carry out anti-money laundering and terrorist financing checks;

  • Assist in training pupils, interns and mini pupils

  • as otherwise required or permitted by law.

I do not use automated decision-making in the processing of your personal data.

 

My Legal Bases For Processing Your Personal Information

The General Data Protection Regulation (GDPR) requires all individuals that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR that I seek to rely upon are:

● Consent of the data subject

● Performance of a contract with the data subject or to take steps to enter into a contract

● Compliance with a legal obligation

● The legitimate interests of my business, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

 

Special category processing

I process special category data when:

  • I have your explicit consent to do so; or

  • It is necessary for the exercise of defence of legal claims or judicial acts.

 

Criminal data processing

On occasion, I may process data relating to criminal offences where it is necessary for the purpose of, or in connection with, any legal proceedings; obtaining legal advice; or establishing, exercising or defending legal rights. 

 

Who Will I Share Your Personal Information With?

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

  • Instructing solicitors or other lawyers involved in your case;

  • Opposing counsel, for the purposes of resolving the case;

  • My regulator or legal advisors in the event of a dispute or other legal matter;

  • Law enforcement officials, government authorities, or other third parties to meet our legal

obligations;

  • My chambers management and staff who provide administrative services;

  • A pupil, intern or mini pupil, under my training;

  • Legal directories, for the purpose of professional development;

  • Accountants and banking officials;

  • Any other party where I ask you for consent, and you consent, to the sharing.

Except for the reasons set out above I will not share your personal data with third parties without obtaining your prior consent. Any third parties that I may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide on our behalf.

 

Transfer Of Your Information Outside the European Economic Area (EEA)

In the event that I transfer data outside the European Economic Area (EEA) I will keep records of the transfers. This may occur if I am travelling overseas. In such cases I will keep records of use of your data in third countries and take reasonable measures to protect its security so that the data is fully protected and safeguarded as required by the General Data Protection Regulation.

 

How Long Do I Keep Your Personal Data?

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

1. There is an unresolved issue, such as claim or dispute;

2. I am legally required to retain the data to meet my legal, statutory and regulatory obligations;

3. There are overriding legitimate business interests, including but not limited to fraud prevention and protecting clients’ safety and security.

 

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. Where those circumstances are established, you may have the right to:

  • Ask for access to your personal information and other supplementary information;

  • Ask for correction of mistakes in your data or to supplement information I hold on you;

  • Ask for your personal information to be erased;

  • Receive a copy of the personal information you have provided or have this information sent to a third party;

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

  • Object to the continued processing of your personal information;

  • Restrict my processing of your personal information.

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on  Your data matters | ICO

If you want to exercise any of these rights, or for any further enquiries relating to data protection please email my clerks at clerks@guernica37.com

You may also raise a complaint directly with the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

 

Marketing

You may opt out of receiving emails and other messages from me by following the instructions in those messages. If you wish, please email my clerks who will keep a record of your request and forward it to me.

 

I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these through mail or email.  I will also publish the updated Notice on Chambers’ website profile.

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