Please read the following information carefully. This privacy notice contains information about the information collected, stored and otherwise processed about individuals and the reasons for the processing. It also tells you who I share this information with, the security mechanisms I have put in place to protect your data and how to contact me in the event you need further information.
Who Am I?
Stephen Bate collects, uses and is responsible for personal information about you. When I do this I am the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 2018. If you need to contact me about your data or the processing carried out you can use the contact details on this website.
What do I do with your information?
When acting as arbitrator, mediator or legal assessor I may collect the following personal information from you or your legal representative:
- personal details
- goods and services
- financial details
- education, training and employment details
- physical or mental health details
- criminal proceedings, outcomes and sentences
- other personal data relevant to so acting, including data 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 appointing bodies in arbitration and mediation matters and regulatory tribunal services or regulators in healthcare and other regulatory proceedings.
How I use your personal information: Purposes
I may use your personal information for the following purposes:
- to act as arbitrator, mediator or legal assessor and to respond to requests or enquiries in relation to such work
- to keep accounting records and carry out office administration
- to take or defend legal or regulatory proceedings or to exercise a lien
- to respond to potential complaints or make complaints
- to check for potential conflicts of interest in relation to future potential cases
- to carry out anti-money laundering and terrorist financing checks
- to train other arbitrators and mediators and when providing work-shadowing opportunities
- to respond to requests for references
- when procuring goods and services
- as required or permitted by law
- publication (so far as relevant) of decisions of regulatory tribunal services.
- for keeping in professional contact (‘marketing’) for the purpose of sending articles and other matters of interest, e.g. on LinkedIn.
Whether information has to be provided by you, and why
If I have been appointed to act as arbitrator, mediator or legal assessor, your personal information has to be provided, to enable me to so act, to keep accounting records and achieve the other Purposes
The legal basis for processing your personal information
I rely on the following as the lawful bases on which I collect and use your personal information:
- In relation to information which does not relate to health or criminal matters (see above), I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above. If you have consented to the processing of your personal information, then I may process your information for the Purposes set out above to the extent to which you have consented to me doing so
- In relation to information which does not relate to health or criminal matters (see above) (these being categories which are considered to be particularly sensitive information and include information about criminal convictions or proceedings), I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
- In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks)
- In relation to marketing, only where you give explicit consent.
Who will I share your personal information with?
If you are a party to a dispute in which I am acting as arbitrator or mediator, some of the information you provide will be protected by duty of confidence unless and until the information becomes public in the course of any proceedings or otherwise. As a mediator, arbitrator and barrister (acting as legal assessor) I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.
It may be necessary to share your information with the following:
- data processors, such as my Chambers staff, IT support staff, email providers, data storage providers
- other legal professionals
- appointing bodies in arbitration and mediation matters
- courts and tribunals
- the staff in my chambers
- trainee mediators and arbitrators
- in the event of complaints, members of my chambers, any relevant appointing body in arbitration or mediation matters, the Bar Standards Board, and the Legal Ombudsman
- other regulatory authorities
- business associates, professional advisers and trade bodies, e.g. the Chartered Institute of Arbitrators
- the intended recipient, where I have been asked to provide a reference
- the general public in relation to the publication of legal judgments and decisions of courts and tribunals.
Sources of information
The personal information I obtain may include information which has been obtained from:
- other legal professionals and other parties to a dispute
- experts and other witnesses
- regulatory authorities
- courts and tribunals
- in the event of complaints, the members of Chambers or of any appointing body who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
- other regulatory authorities
- business associates, professional advisers and trade bodies, e.g. the Bar Council
- the intended recipient, where I have been asked to provide a reference
- the general public in relation to the publication of legal judgments and decisions of tribunals
- data processors, such as my Chambers staff, IT support staff, email providers, and data storage providers.
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 data to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the information you provide comes 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 before I start any work for you. Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. 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.
I may transfer your personal information to the following which are located outside the European Economic Area (EEA), namely cloud data 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 data and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data 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/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.
I will not otherwise transfer personal information outside the EEA except as necessary to act as arbitrator, mediator or legal assessor in any particular matter.
If you would like any further information please use the contact details on this website.
Storage of your personal data
Your data is stored on an encrypted laptop, on Microsoft’s Cloud system and, to the extent relevant, in a locked filing cabinet in secure premises.
How long will I store your personal data?
I will normally store all your information:
- until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years from the date of the last item of work carried out. This is because it may be needed for potential legal proceedings relevant to any complaint that may be made. At this point any further retention will be reviewed and the data 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 (without further notice to you) as soon as reasonably practicable after the data is marked for deletion
- I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited to your name and contact details and the name of the case]. This will not include any information within categories (e) and (f) above
- Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later.
You have the right to withdraw any consent given by you at any time, but this will not affect the lawfulness of any processing activity I have carried out prior to you withdrawing your consent. However, where I also rely on other bases for processing your information, you may not be able to prevent processing of your data.
If there is an issue with the processing of your information, please contact me or my clerks using the details available on this website.
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 data or to complete missing information I hold 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 to use for marketing;
- Object in certain other situations to the continued processing of your personal information;
- Restrict my processing of your personal information in certain circumstances.
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.
If you want to exercise any of these rights, please:
- Use the contact details on this website;
- I may need to ask you to provide other information so that you can be identified;
- Please provide a contact address so that you can be contacted to request further information to verify your identity;
- Provide proof of your identity and address;
- State the right or rights that you wish to exercise.
I will respond to you within one month from when I receive your request.
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 data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.
I do not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on the website.
Changes to this privacy notice
This privacy notice was published on 21 May 2018 and last updated on that date.
I continually review my privacy practices and may change this policy from time to time. When I do it will be placed on the website.
If you have any questions about this privacy notice or the information I hold about you, please contact me or my clerks in the manner identified on this website.