header-logo header-logo

20 April 2018
Categories: Legal News , Profession , Data protection
printer mail-detail

BarTalk-ing about GDPR

BarTalk, the Bar’s fortnightly newsletter, has published a special issue on the General Data Protection Regulation (GDPR) and how it will affect barristers.

The GDPR, due to take effect on 25 May in the UK, introduces more stringent safeguards on the use of personal data across EU Member States. The Data Protection Bill will implement GDPR provisions into UK law—the Bar Council is hoping its concerns over legal professional privilege and immigration law will be tabled as amendments at Report Stage.

The newsletter highlights various key issues, for example, that self-employed barristers are ‘data controllers’ not ‘data processors’, with some exceptions, and so should not enter into a data processing contract with solicitors’ firms. A data processing contract may conflict with a barrister’s code of conduct obligations and their duty to the court.

It also contains links to the IT Panel’s chapter-by-chapter blog on what barristers and chambers need to do to prepare for the GDPR, and links to other useful sources of information such as its GDPR Toolkit.

Melanie Mylvaganam, Bar Council Policy Analyst: Legal Affairs, Practice & Ethics, said: ‘The Bar Council has been working tirelessly to prepare the profession through its advice documents, blogs and articles, practical resources and training seminars.

‘Protecting your client’s personal data is a legal obligation as well as an ethical one.’

Jacqueline Reid, 11 South Square, Chair of the Bar’s IT Panel, said: ‘The GDPR requires a far greater focus on the minimisation of the data we keep.

‘Ask yourself why you are keeping it and whether you could justify that decision to your clients, the Bar Standards Board and the Information Commissioner’s Office if there was an unauthorised disclosure. Set up your systems to make it easier to know when to delete it and then actually delete it.’

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll