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"
(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
(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
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
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
Personal data required and supplied for KYC and AML purposes under
both professional and regulatory requirements of current
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;
Personal data on payment transfers to Chambers and from
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
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:
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
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
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
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
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
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
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