This section will be relevant to you and sets out our uses of your personal data if you are:
an active self-employed barrister who we provide professional indemnity insurance to;
- an authorised legally qualified individual such as a barrister or solicitor employed by an entity we insure; or
- an individual to whom we have provided run-off professional indemnity insurance.
What personal data will we collect?
- Your name and title.
- Contact information, including your business address, your telephone numbers and email addresses.
- In limited circumstances your home address, for example where you are a retired barrister.
- Information relating to your area of practice including year of call.
- Financial information as provided on your application form.
- Your Bar council membership number and Bar Mutual membership number.
- Additional information which is relevant to the provision of professional indemnity insurance, such as previous claims or previous complaints made against you.
- Information which we have gathered from publically available sources such as internet search engines and the Bar Council register.
What special category data will we collect?
- Whilst we do not actively collect your special category data, there may be circumstances where you disclose special category data, if relevant to the insurance policy or a claim that is being made against you. For example:
- details about your physical or mental health (e.g. you have disclosed to us that you are returning to practice following a long-term illness);
- details about any criminal convictions and related information, if relevant to a claim.
How will we collect your personal data?
We will collect information directly from you when you:
- apply for or renew a professional indemnity insurance policy using the membership insurance application and renewal forms;
- use the Bar Mutual website;
- contact us to make a complaint; and
- contact us by email, telephone and through other written and verbal communications, including our online portal.
As well as obtaining information directly from you, we may also collect information from:
- claimants and witnesses relating to a claim made against you;
- any claims files relating to a claim made against you;
- the Bar Standards Board;
- individuals at your chambers;
- publically available sources such as internet search engines and the Bar Council Register; and
- other companies within the Thomas Miller Group.
What will we use your personal data for?
We use your personal data for a number of different purposes. In each case, we must have a "legal ground" to do so. We will rely on the following “legal grounds” when we process your "personal data":
- We need to use your personal data to enter into or perform the contract that we hold with you. For example, we need to use your personal data to administer your professional indemnity insurance cover, provide you with policy documentation or to handle or deal with any claims that arise.
- We need to use your personal data for a legitimate business reason (e.g. to keep a record of all insurance policies we provide and claims we handle, to investigate any claims, to keep business and accounting records and to manage our business operations). When using your personal data for these purposes, we will always assess our need to use this personal data for these purposes against your rights to privacy to ensure we are protecting your rights.
When the information that we process is classed as “special category data", we must have an additional “legal ground". We will rely on the following legal grounds when we process your "special category data":
- We need to use your special category data for purposes relating to an insurance policy or claim and there is a substantial public interest in such use. Such purposes include administering your insurance policy and handling claims.
- We need to use your special category data to establish, exercise or defend legal claims. This might happen when we are faced with legal proceedings, or want to bring legal proceedings ourselves, or when we are investigating a legal claim brought against you by a third party.
- We need to use your special category data to prevent and detect unlawful acts and there is a substantial public interest in such use. Such purposes include the investigation of potential or suspected insurance fraud.
- We need to use your special category data to protect the public against dishonesty and there is substantial public interest in such use. Such purposes include ensuring that there is no reason why you should be insured as a barrister and for reporting you to the Bar Standards Board.
| Purpose for processing | Legal grounds for using your personal data | Legal grounds for using your special category data |
To administer your professional indemnity insurance and register you as a new member. | It is necessary to enter or perform your contract. We have a legitimate business reason (to maintain records of insurance policies we have provided). | Such use is necessary for insurance purposes. Such use is necessary to protect the public against dishonesty. |
| To renew your insurance policy and membership. | It is necessary to perform your contract. We have a legitimate business reason (to renew your policy and update our records). | Such use is necessary for insurance purposes. |
| To provide run-off insurance | It is necessary to perform your contract. We have a legitimate business reason (to provide run-off insurance cover in accordance with your insurance policy). | Such use is necessary for insurance purposes. |
| To handle any claims you receive | It is necessary to perform your insurance contract. We have a legitimate business reason (to investigate and handle all claims that have been notified to us pursuant to your insurance policy). | Such use is necessary for insurance purposes. We need to use your information in order to establish, exercise or defend legal rights. Such use is necessary for the purposes of protecting the public against dishonesty. |
| Communicating with you and resolving any complaints that you might have. | It is necessary to enter into or perform your insurance contract. We have a legitimate business reason (to communicate with you, record and investigate complaints and ensure that future complaints are handled appropriately). | Such use is necessary for insurance purposes. We need to use your information in order to establish, exercise or defend legal rights. |
| Complying with requests from third parties for personal data which will assist with their own enquiries and investigations for suspected unlawful acts. | We have a legitimate business reason (to respond to third parties' requests for information that will assist their investigations). | It is in the substantial public interest to prevent or detect unlawful acts. Such use is necessary for the purposes of protecting the public against dishonesty. |
| Managing our business operations such as maintaining accounting records, internal audit requirements, receiving professional advice (e.g. tax or legal advice). | We have a legitimate business reason (to effectively manage our business operations). | We need to use your information in order to establish, exercise or defend legal rights. |
| Improving Our Services and similar Services offered by the Thomas Miller Group. | We have a legitimate business reason (to effectively develop and improve our Services). | Not applicable. |
| Investigating or detecting the unauthorised use of our systems, to secure our system and to ensure the effective operation of our systems. | We have a legitimate business reason (to ensure the integrity and security of our systems). | We need to use your information in order to establish, exercise or defend legal rights. |
| Transferring or selling part of our business or re-organising our company structure. | We have a legitimate business reason (to manage our business and re-organise our company). | Not applicable. |
With whom will we share your personal data?
We are bound by a set of rules (which can be accessed from our Downloads page) which restricts the circumstances in which and the third parties with whom we can share your personal data. We will keep your personal data confidential and only share it where necessary for the purposes set out above and with the following parties:
- Thomas Miller Professional Indemnity Ltd and other Thomas Miller group companies for our general outsourcing management and administration purposes.
- Third parties who assist in the administration of your insurance policy. These include brokers, insurers and underwriters.
- Professional advisers.
- Individuals who make a claim against you and relevant witnesses.
- The Bar Standards Board, the Bar Council and the Legal Ombudsman.
- Courts and tribunals where legal proceedings have been initiated against you.
- Governmental bodies such as the HMRC or other entities that make enquiries, for example relating to tax, income or benefits.
- Insurers who provide our own insurance (reinsurers) and companies who arrange such reinsurance.
- The police, other third parties or law enforcement agencies where reasonably necessary for the prevention or detection of crime.
- Third party suppliers we appoint to help us carry out our everyday business activities such as IT suppliers, actuaries, accountants, auditors, lawyers, document management providers and credit facility providers such as Premium Credit Limited.
- Selected third parties in connection with any sale, transfer or disposal of our business.