This section will be relevant to you and sets out our uses of your personal data if you are a pupil who is covered by a pupillage supervisor's professional indemnity insurance policy that we provide.
What personal data will we collect?
Please note that we do not actively collect any personal data about you when you are a pupil. However, in the event of a claim being made against you in respect of an act/omission committed by you whilst a pupil barrister we will collect the following personal data:
- Your name and title.
- Contact information, including your business address, your telephone numbers and email addresses.
- Information relating to your pupillage.
- Additional information which is relevant to the claims or complaint.
- 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 some circumstances where you disclose special category data if relevant to the claim that is being made, for example:
- details about your physical or mental health (e.g. you have disclosed to us that you are returning to complete your pupillage 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:
- use any of the Bar Mutual websites;
- 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;
- any claims files relating to a claim made against you or an individual at your chambers;
- the Bar Standards Board;
- individuals at your chambers including your supervisor;
- 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 for a legitimate business reason (e.g. to keep a record of all 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 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 that a third party brings against you.
- We need to use your special category data for the purposes of protecting the public against dishonesty and there is substantial public interest in such use. Such purposes include 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 handle any claims made against you or that may involve you because you are a pupil. | We have a legitimate business reason (to investigate and handle all claims that have been notified to us pursuant to your supervisor's insurance policy). | Such use is necessary for insurance purposes. We need to use your information in order to establish, exercise or defend legal rights. |
| Communicating with you and resolving any complaints that you might have. | 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. |
| 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. |
| 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. |
| 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. |
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.
- Individuals who make a claim against you or an individual at your chambers and relevant witnesses.
- Professional advisers.
- The Bar Standards Board, the Bar Council and the Legal Ombudsman.
- Courts and tribunals where legal proceedings have been initiated against you.
- Insurers who provide our own insurance (reinsurers) and companies who arrange such reinsurance.
- Third party suppliers we appoint to help us carry out our everyday business activities such as IT suppliers, actuaries, accountants, auditors, lawyers and document management providers.
- Selected third parties in connection with any sale, transfer or disposal of our business.