Your personal data & GDPR

Blackstone Chambers Limited: Recruitment Privacy Notice 

This notice

Like most businesses, Blackstone Chambers holds and processes a wide range of information, some of which relates to individuals who are applying to work for or with us.  This Privacy Notice explains the type of information we process, why we are processing it and how that processing may affect you.

This Privacy Notice deals with our use of your personal data for the following recruitment purposes:

• To assess your suitability for any position for which you may apply for at Chambers, including applications that we receive online, via email or by hard copy or in person.
  
• To review Chambers’ equal opportunities profile in accordance with the requirements of the Bar Council Guidance, and to ensure that Chambers does not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis.  All recruitment decisions are made entirely on merit.
  

This Privacy Notice focuses on individuals who are applying to work for or with us (for instance, employees, self-employed freelancers, barristers, pupils etc.) and the data we process as part of those processes.

This Privacy Notice is set out in this document (the Core Notice) and the Supplementary Information in Annex 1 to this document.  In the Supplementary Information, we explain what we mean by “personal data”, “processing”, “sensitive personal data” and other terms used in the notice.

In brief, this Privacy Notice explains:

• what personal data we hold and why we process it;
  
• the legal grounds which allow us to process your personal data;
  
• where the data comes from, who gets to see it and how long we keep it;
  
• how to access your personal data and other rights; and
  
• how to contact us.
  

What is our legal basis?

Where we use your personal information in connection with recruitment, it will be in connection with us taking steps at your request to enter a contract we may have with you or it is in our legitimate interest to use personal information in such a way to ensure that we can make the best recruitment decisions for Chambers.  We will not process any special data ie the data we refer to at paragraph 4 of the supplementary information  below except where we are able to do so under applicable legislation or with your explicit consent.

Personal data – what we hold and why we process it

We process data for the purposes of our business including recruitment, management, administrative, employment/engagement and legal purposes.  The Supplementary Information provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data.  See Legal grounds for processing personal data and Further information on the data we process and our purposes.

Where the data comes from and who gets to see it

Some of the personal data that we process about you comes from you.  For example, you tell us your contact details and work history.  If you are joining us, you may provide your banking details.

Other personal data may come from third parties such as recruiters acting on your behalf or from your references.

Your personal data will be seen internally by managers, the Chambers Director and, in some circumstances (if you join us) by colleagues or members of Chambers.  We will, where necessary and as set out in this privacy notice, also pass your data outside the organisation, for example to people you are dealing with and payroll agencies.  Further information on this is provided in the Supplementary Information.  See Where the data comes from and Who gets to see your data?

How long do we keep your personal data?

We do not keep your personal data for any specific period, but will not keep it for longer than is necessary for our purposes.  In general, if you become employed by or engaged with us, we will keep your personal data for the duration of that relationship and for a period afterwards.  If you are unsuccessful in your application, we will likely keep your personal data for a short period after informing you that you were unsuccessful.  See Retaining your personal data – more information in the Supplementary Information.

Transfers of personal data outside the EEA

We will, where necessary and as set out in this Privacy Notice, transfer your personal data outside the EEA to members of Chambers who are working outside the EEA and are involved in the application process.  Further information on these transfers and the measures taken to safeguard your data are set out in the Supplementary Information under Transfers of personal data outside the EEA – more information.

Your data rights

You have a right to make a subject access request to receive information about the data that we process about you.  Further information on this and on other rights is in the Supplementary Information under Access to your personal data and other rights. We also explain how to make a complaint about our processing of your data.

Contact details

In processing your personal data, we act as a data controller.  Our contact details are as follows:

Mat Swallow Chambers Director: matswallow@blackstonechambers.com

Status of this notice

This notice does not form part of any relevant contract we have with you and does not create contractual rights or obligations.  It may be amended by us at any time.

Supplementary information

What do we mean by “personal data” and “processing”?

“Personal data” is information relating to you (or from which you may be identified) which is processed by automatic means or which is (or is intended to be) part of a structured filing system.  It includes not only facts about you, but also intentions and opinions about you.

Data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device.  It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV or photographs.

"Processing" means doing anything with the data.  For example, it includes collecting it, holding it, disclosing it and deleting it.

Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data, and data relating to criminal convictions and offences or related security measures are subject to special protection and considered by EU privacy law to be “sensitive personal data”.  We refer to this as special category data elsewhere in this Notice.

References in this Privacy Notice to:

• Employment, work (and similar expressions) include any arrangement we may have under which an individual provides us with work or services, or applies for such work or services. 
  By way of example, when we mention an “employment contract”, that includes a contract under which you provide us with services; when we refer to ending your potential employment, that includes terminating a contract for services. 
• Tenancy, pupillage (and similar expressions) include any arrangement entered into by an individual with Chambers on a self-employed basis.
  

We use the word “you” to refer to anyone within the scope of the notice.

LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

What are the grounds for processing?

Under data protection law, there are various grounds on which we can rely when processing your personal data.  In some contexts more than one ground applies.  We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.

Processing sensitive personal data

If we process sensitive personal/special category data about you (for example (but without limitation)), storing your health records to assist us in ensuring that we provide you with a healthy and safe workplace or processing personal data relating to diversity monitoring), as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive personal data applies.  In outline, these include: 

• Processing being necessary for the purposes of your or our obligations and rights in relation to our working relationship in so far as it is authorised by law or collective agreement;
  
• Processing relating to data about you that you have made public (e.g. if you tell colleagues and/or members of Chambers that you are ill);
  
• Processing being necessary for the purpose of, or in connection with, any legal proceedings or prospective legal proceedings, obtaining legal advice or otherwise for the purposes of establishing, exercising or defending legal rights;
  
• Processing being necessary for provision of health care or treatment, medical diagnosis, and assessment of your working capacity; and
  
• Processing for equality and diversity purposes to the extent permitted by law.
  

Further information on the data we process and our purposes

The Core Notice outlines the purposes for which we process your personal data.  More specific information on these, examples of the data and the grounds on which we process data are in the table below.

The examples in the table cannot, of course, be exhaustive.  For example, although the table does not mention data relating to criminal offences, if we were to find out that someone applying to work for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes.  If necessary we will also require criminal background checks for certain roles – for example those working in financial roles or with minors.

Please note that if you accept an offer from us, Chambers will process further information as part of the employment relationship. We will provide you with our full Workplace Privacy Notice as part of the on-boarding process.

Where the data comes from

When you apply to work for or with us, the initial data about you that we process is likely to come from you:  for example, contact details, bank details and information on your immigration status and whether you can lawfully work.  Where necessary and in accordance with this privacy notice, we will require references and information to carry out background checks.  If you have concerns about this in a particular context, you should speak to your recruiter or the Chambers Director.

Please note we may also receive data from third party recruiters, agents and similar organisations (for instance the Pupillage Gateway) as a part of the recruitment process.

Who gets to see your data?

Internal use

Where necessary and in accordance with this Privacy Notice, your personal data will be disclosed to relevant managers, the Chambers Director and administrators for the purposes of your application as mentioned in this document.  We will also disclose this to members of Chambers where necessary for decision making regarding your application – this will depend on the type of role you are applying for.

External use

We will only disclose your personal data outside Chambers if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you (for instance, if a member of Chambers is involved in the application process).

We will disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights, in particular, to privacy).  We will also disclose your personal data if you consent, or where we are required to do so by law and in connection with criminal or regulatory investigations.

• Specific circumstances in which your personal data may be disclosed include:
  
• Disclosure to organisations that process data on our behalf such as our payroll service, insurers and other benefit providers, our bank and organisations that host our IT systems and data. This would normally occur if you accept an offer from us and would be carried out as part of the on-boarding process;
  
• To third party recruitment consultants and similar businesses as a part of the recruitment process;
  
• Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request (see above); and
  
• To third parties for the purpose of assessing efficiency of mobile device usage (as detailed above) on an anonymised basis. 
  

Retaining your personal data – more information

Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes.  In general, if your application is successful, we will keep your personal data for the duration of the working relationship and for a period afterwards.    If you are unsuccessful, we will likely keep your personal data for a short period after informing you that you were unsuccessful.  In considering how long to keep your data, we will take into account its relevance to our business and your potential employment/engagement either as a record or in the event of a legal claim.

If your data is only useful for a short period (for example, CCTV) we will delete it.

Personal data relating to job applicants (other than the person who is successful) will normally be deleted after 12 months.

Transfers of personal data outside the EEA – more information

In connection with our business and for employment/engagement, administrative, management and legal purposes, we may transfer your personal data outside the EEA to members of Chambers working abroad (for instance in India and the BVI).  We will ensure that any transfer is lawful and that there are appropriate security arrangements.

We have entered into an agreement ensuring that appropriate and suitable safeguards are in place with members of Chambers.  These are in standard terms approved by the Commission.  If you wish to see details of these safeguards, please ask the Chambers Director.

Access to your personal data and other rights

We try to be as open as we reasonably can about personal data that we process.  If you would like specific information, just ask us.

You also have a legal right to make a “subject access request”.  If you exercise this right and we hold personal data about you, we are required, if you are entitled under the GDPR and other legislation, to provide you with information on it, including:

• Giving you a description and copy of the personal data; and
  
• Telling you why we are processing it.
  

If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.

As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted.  If you have provided us with data about yourself (for example your address or bank details), you have the right to be given the data in machine readable format for transmitting to another data controller.  This only applies if the ground for processing is Consent or Contract.

If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent.

Complaints

If you have complaints relating to our processing of your personal data, you should raise these with the Chambers Director in the first instance.  You may also raise complaints with your statutory regulator.  For contact and other details ask the Chambers Director.

Status of this notice

This notice does not form part of any relevant contract we have with you and does not create contractual rights or obligations.  It may be amended by us at any time.