Privacy Policy
Emily Culverhouse is an independent, sole practitioner Barrister specialising in criminal and data protection law. She is also an elected Councillor and therefore processes personal data in that role too. At all times Emily is the data controller of the personal data that she processes although, may act as the data processor in certain circumstances. She only processes the data in line with the current UK legislation relating to data protection.
What information she may collect:
As a barrister:
In order to allow her to provide legal advice and representations Emily may collect the following information from her professional and lay clients that relates to the legal matter that she is instructed on:
As a Councillor:
If you are a member of the public seeking Emily’s assistance she will collect sufficient personal data from you to enable her to help you. This will usually be restricted to contact details, i.e. name, address, telephone number, email address but may sometimes include special category data. If it is the case that she processes your special category data then this will be with your consent but the lawful basis for processing this data is detailed below.
Who she shares information with:
Your personal data may be shared with the following:
As a barrister:
In addition to the matters raised above, your personal information may be shared with:
• Courts and other tribunals;
• Representatives of other parties, in accordance with her instructions;
• The Lay Client and the Client; and
• Ombudsmen and other regulatory authorities;
• It may also be necessary to share personal data with potential witnesses including experts, and friends or family of the Lay Client where she is authorised to do so and in accordance with her instructions.
Emily may share your data with third parties where (a) she has a legal or regulatory requirement to do so, (b) it is necessary to do so to enforce her contractual rights, (c) to lawfully assist the police or security services with the prevention and detection of crime or terrorist activity, (d) such disclosure is necessary to protect the safety or security of any persons (e) otherwise as permitted under applicable law.
She will only share your personal data in these circumstances in accordance with her professional obligations as set out by the Bar Standards Board or the Bar Council.
As a Councillor:
With another councillor, member of council staff and/or professional body to assist her in resolving your issue.
Lawful Basis:
As a barrister:
Emily’s lawful basis for processing your personal information is set down in the General Data Protection Regulation (GDPR) under Article 6(1)(b) contract: the processing is necessary for a contract she has with you, or because you have asked her to take specific steps before entering into a contract. This contract may be an indirect contract where Emily is instructed by a third party.
In relation to the special category data Emily holds about you she will process this in accordance with Article 9(2)(f) of the GDPR, i.e. that the processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
In many instances Emily will hold information about criminal convictions or offences which you may have incurred. If this is the case she processes this data in accordance with Article 10 of the GDPR. She does not keep a comprehensive register of her clients’ criminal convictions.
As a Councillor:
Emily processes your special category data in accordance with Article 9 (d) of the GDPR i.e. that the processing is carried out in the course of her legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects.
Children
From time to time Emily may represent the interests of a juvenile. She processes the data of children in the same way, and under the same legal bases, as that of adult clients/residents.
Where Emily stores your personal data
The majority of Emily’s client data is stored on an encrypted personal computer system, the criminal courts digital case system or on email/criminal justice secure mail. It is retained in line with Emily’s data retention policy.
Use of data processors
Data processors are third parties who necessarily provide elements of Emily’s internal practices. She has contracts in place with any data processors used. This means that they cannot do anything with your personal information unless she has instructed them to do it. They will not share your personal information with any other organisation. They will hold it securely and retain it for the period she instructs.
Use of other third parties
Some third parties with whom Emily shares your data are data controllers in their own right in which case they will have their own retention periods.
Emily has contracts with all third parties to ensure the security of your data that she may share with them.
Others
There may be other individuals with whom Emily does business and for whom she holds personal data, such as those who work for supplier companies. She processes this information in accordance with her contracts with those organisations.
Updating your personal information
You can update your personal information at any time. To do this please email Emily@emilyculverhouse.co.uk.
Your Rights
Under current UK data protection legislation, you have rights as an individual which you can exercise in relation to the information Emily holds about you.
Individuals have the right to see the personal data held by Emily Culverhouse (a subject access request). Once the person requesting the information has been identified the request will be carried out within one calendar month in a clear and easy to read way. There are numerous and various exemptions to this right and each request will be dealt with on a case by case basis.
Individuals have the right to have their data rectified where it is incorrect or out of date. Where a request for data rectification is made it will be dealt with in a similar way to a subject access request (SAR), i.e. within a strict time frame.
You also have the rights to (i) erasure and (ii) restriction and you can request that Emily removes your data or restricts the processing of it.
Your right to object to the processing of your data is an absolute right which will be dealt with immediately unless there are compelling grounds for Emily to continue the processing where appropriate.
You can read more about these rights here – https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/
This privacy policy was updated on 4th July 2019. Emily reserves the right to update and alter this policy.
What information she may collect:
As a barrister:
In order to allow her to provide legal advice and representations Emily may collect the following information from her professional and lay clients that relates to the legal matter that she is instructed on:
- Name of client/lay client
- Client’s/lay client’s Organisation or Business Name
- Contact information for client and/or lay Client (e.g. address, email address, telephone number)
- Identification documents
- Case name/Parties’ names
- Case details (which may include, by way of example:
- personal information relating to third parties involved in the case;
- further personal information relating to the lay client and/or client;
- special categories of data, such as medical, rehabilitation, sexual orientation, social care history and records;
- details of religious or other beliefs, details of any relevant criminal convictions and details about actual and potential witnesses in the case);
- Fee and/or billing details.
As a Councillor:
If you are a member of the public seeking Emily’s assistance she will collect sufficient personal data from you to enable her to help you. This will usually be restricted to contact details, i.e. name, address, telephone number, email address but may sometimes include special category data. If it is the case that she processes your special category data then this will be with your consent but the lawful basis for processing this data is detailed below.
Who she shares information with:
Your personal data may be shared with the following:
As a barrister:
In addition to the matters raised above, your personal information may be shared with:
• Courts and other tribunals;
• Representatives of other parties, in accordance with her instructions;
• The Lay Client and the Client; and
• Ombudsmen and other regulatory authorities;
• It may also be necessary to share personal data with potential witnesses including experts, and friends or family of the Lay Client where she is authorised to do so and in accordance with her instructions.
Emily may share your data with third parties where (a) she has a legal or regulatory requirement to do so, (b) it is necessary to do so to enforce her contractual rights, (c) to lawfully assist the police or security services with the prevention and detection of crime or terrorist activity, (d) such disclosure is necessary to protect the safety or security of any persons (e) otherwise as permitted under applicable law.
She will only share your personal data in these circumstances in accordance with her professional obligations as set out by the Bar Standards Board or the Bar Council.
As a Councillor:
With another councillor, member of council staff and/or professional body to assist her in resolving your issue.
Lawful Basis:
As a barrister:
Emily’s lawful basis for processing your personal information is set down in the General Data Protection Regulation (GDPR) under Article 6(1)(b) contract: the processing is necessary for a contract she has with you, or because you have asked her to take specific steps before entering into a contract. This contract may be an indirect contract where Emily is instructed by a third party.
In relation to the special category data Emily holds about you she will process this in accordance with Article 9(2)(f) of the GDPR, i.e. that the processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
In many instances Emily will hold information about criminal convictions or offences which you may have incurred. If this is the case she processes this data in accordance with Article 10 of the GDPR. She does not keep a comprehensive register of her clients’ criminal convictions.
As a Councillor:
Emily processes your special category data in accordance with Article 9 (d) of the GDPR i.e. that the processing is carried out in the course of her legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects.
Children
From time to time Emily may represent the interests of a juvenile. She processes the data of children in the same way, and under the same legal bases, as that of adult clients/residents.
Where Emily stores your personal data
The majority of Emily’s client data is stored on an encrypted personal computer system, the criminal courts digital case system or on email/criminal justice secure mail. It is retained in line with Emily’s data retention policy.
Use of data processors
Data processors are third parties who necessarily provide elements of Emily’s internal practices. She has contracts in place with any data processors used. This means that they cannot do anything with your personal information unless she has instructed them to do it. They will not share your personal information with any other organisation. They will hold it securely and retain it for the period she instructs.
Use of other third parties
Some third parties with whom Emily shares your data are data controllers in their own right in which case they will have their own retention periods.
Emily has contracts with all third parties to ensure the security of your data that she may share with them.
Others
There may be other individuals with whom Emily does business and for whom she holds personal data, such as those who work for supplier companies. She processes this information in accordance with her contracts with those organisations.
Updating your personal information
You can update your personal information at any time. To do this please email Emily@emilyculverhouse.co.uk.
Your Rights
Under current UK data protection legislation, you have rights as an individual which you can exercise in relation to the information Emily holds about you.
Individuals have the right to see the personal data held by Emily Culverhouse (a subject access request). Once the person requesting the information has been identified the request will be carried out within one calendar month in a clear and easy to read way. There are numerous and various exemptions to this right and each request will be dealt with on a case by case basis.
Individuals have the right to have their data rectified where it is incorrect or out of date. Where a request for data rectification is made it will be dealt with in a similar way to a subject access request (SAR), i.e. within a strict time frame.
You also have the rights to (i) erasure and (ii) restriction and you can request that Emily removes your data or restricts the processing of it.
Your right to object to the processing of your data is an absolute right which will be dealt with immediately unless there are compelling grounds for Emily to continue the processing where appropriate.
You can read more about these rights here – https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/
This privacy policy was updated on 4th July 2019. Emily reserves the right to update and alter this policy.