Overseas Chambers of Peter Harris

Maison de la Boucterie
Rue de la Boucterie
Saint Saviour
Jersey, JE2 7ZW

Privacy Statement

At Overseas Chambers we are committed to protecting and respecting your confidentiality and privacy. We are aware of the concern which exists over the security of information which you provide to us (both over the internet and otherwise).

In practice, we neither process nor control personal data for exploitation by other entities or persons. Data preovided to us is treated as private and confidential and not for transmission without the client's prior approval.

The following statement sets out our privacy policy and gives an explanation of what we generally do with any information provided by our instructing professionals and clients. This is subject to any specific arrangements that you may have with us, and to the instructions that you give us, which may include express or implied derogations from this policy

For the purposes of this statement, "Information" includes:

(a) all the details we hold about the client and the matters (if any) upon which we are instructed; and
(b) all personal data, if any, about the client, any officers employees, associates and, where applicable, family members.

Whilst we reserve the right to monitor and store Information relating to who visits our website principally so that we can ensure our website is easy to use and identify any areas for improvement, we do not in practice do so individually.

We may also use Information for any reasonable purpose including but not limited to the following:

(a) undertaking appropriate anti money laundering checks (including without limitation the disclosure of Information to a credit reference or fraud prevention agency, which itself may retain a record of the information disclosed to it);

(b) undertaking internal conflict-of-interest checks, analysing our performance, and generating internal financial and marketing reports;

(c) assessing legal and financial risks, credit control and collecting debts or outstanding fees;

(d) providing your Information to  professionals who we may instruct in relation to client matters; and

(e) marketing our services to instructing professionals or clients in the future, which may involve contacting you or, where applicable, individuals within your organisation using the contact details that you have provided to us.

By including references, hyperlinks or other connections to any third party websites, we do not imply any endorsement of them or any association with their owners or operators.

Whilst we do our best to safeguard your Information we cannot ensure or warrant the security of any Information that you may transmit to us whilst it is in transit.

 

Jersey Data Protection issues and procedures: the Data Protection (Jersey) Law, 2018 ("the Law")

Overseas Chambers does not act as a trustee or operate a client account upon which money is held to client's order. It does not control data in either capacity.  Whilst it is possible that financial information and information as to assets may be provided to the Barrister in the course of his professional activity, that is usually subject to legal professional privilege  and is covered by article 57 of the Data Protection (Jersey) Law, 2018 ("the Law")  which extends to taxation and legal advice on property and succession issues.

From the perspective of the mischief of unlawful and unpermitted data distribution,  addressed by the Law, personal data is held by Overseas Chambers in a deliberately unstructured manner so as to ensure that it is not therefore readily available for any form of electronic or physical data transfer on either a mass or an individual basis whether physically or electronically.

AML and KYC information is held, as required by law,  in original paper form and is kept in a secure locked environment.

The individual  computers used by Chambers are secured against intrusion by firewalls and similar electronic safeguards. The one electronic wireless connection between them is secured by password, and is limited to one transit file.  What is more, any "browsing" done for internet research is only done in private viewing mode so as to avoid the unauthorised collection of data upon what legal and fiscal issues the Barrister is working.  Attempts at "hacking out" information are addressed by e-mail surveillance  and firewall protection.

General Data Protection under the applicable Statute: the Data Protection (Jersey) Law, 2018

Data held on clients and third parties :

Experience  has show that the information and data which may be held by Overseas Chambers and which is the object of the Data Protection (Jersey) Law, 2018 may be categorised as follows:

 

I.          Personal data required and supplied for KYC and AML purposes under both professional and regulatory requirements of current legislation

II.          Personal data supplied by clients and their family and contacts for themselves and in respect of third parties to permit the carrying out of instructions;

III.          Personal data on payment transfers to Chambers and from Chambers;

IV.          Personal data required for communications such as e-mail addresses telephone and fax numbers and website addresses

Any changes in that position will be addressed on a continuing basis.

Without prejudice to its right to require consent, Overseas Chambers will therefore regulate its application of the Personal Data protection requirement s  mostly by reference to article 57 of the Data Protection (Jersey) Law, 2018, when it comes into force on 25th May, 2018:

Article 57           Legal professional privilege

Personal data are exempt from the transparency and subject rights provisions if the data consist of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Whilst that would be  unusual, reliance might also be placed upon the provisions of article 52 concerning he enactments mentioned in that article on a case by case basis.

Although this is very unlikely, give the civil nature of the practice in a relevant case, due regard would be had to article 58 of the Law and to the extent which Overseas Chambers is required to respect and to protect the rights of the data subject or subjects concerned :

Article 58        Self-incrimination

(1)     Personal data are exempt from the transparency and subject rights provisions to the extent that compliance would, by revealing evidence of the commission of an offence (other than an offence under this Law or the Authority Law), expose the person to proceedings for that offence.

(2)     Information provided in response to a request under the transparency and subject rights provisions or any order enforcing them is not admissible against the person in proceedings for an offence under this Law or the Authority Law.

However, Overseas Chambers does not accept any liability or responsibility for the consequences of a decision or absence of any decision taken in relation to this article.

In relation to article 28 (8) and in particular (e), reference may be made to the rights of Third Parties in relation to the data held.

Principles:

The reasons for holding this information are :

to enable the Barrister to function correctly in the provision of the legal taxation and personal advice required of him: that area of data is protected by the legal practice exception.  That exception will cover most data provided and held under §II above.

The policy is therefore not to seek express Consent in writing from each client on taking instructions, whilst retaining the right to require it, as the information is already protected by professional confidentiality rules and legal privilege in which consent of the client is already implied.  To require consent might place the Barrister in a position where he would be unable to provide any legal advice on a refusal or omission to provide the data, which would in turn be contrary to the Constitutional rights of the applicant, and inter alia Human Rights legislation and practice. Most information held on third parties in the context of instructions will also be covered by this Exception.

Whilst this is not made an express  term of business, the issue of implied consent to the holding of personal information, and its conservation will be addressed under this heading.

If a client or related or connected parties request the amendment, deletion or destruction of records, in each case, reference will be made to the legal profession exemption and the various other statutory and regulatory temperances from time to time in force  to determine whether the request can be accepted and acted upon. In that case, the statutory and/or regulatory exemption will be considered and if appropriate applied.

The Barrister is under several regulatory and professional obligations to keep client records for regulatory and insurance matters irrespective of whether express Consent is provided or requested.