This section will be relevant to you if you have made or make a claim against a barrister.
What personal data will we collect?
- Your name and title.
- Contact information, including your telephone numbers and email addresses.
- Information which is relevant to your claim including details of the case that you engaged the barrister for and details of your claim against the barrister.
- Your claims reference number.
What special category data will we collect?
Whilst we do not actively collect your special category data, there may be some circumstances where we receive it, if relevant to the claim that you have made and the reason why you engaged a barrister. This could, for example, include details about your physical or mental health, details about your race or ethnicity, criminal convictions and related information, sex life or sexual orientation or religious or philosophical beliefs that were key to your case and which you shared with your barrister.
How will we collect your personal data?
We will collect information directly from you when you correspond with us in relation to the claim made against the barrister and when we directly communicate with you on behalf of the barrister.
As well as obtaining information directly from you, we will also collect information from:
- the barrister who you have made a claim against and possibly individuals at his or her chambers;
- the solicitor’s firm or other party that instructed the barrister in your case;
- any claims files relating to your claim; and
- your case file and correspondence with your barrister.
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 ground” when we process your "personal data":
- We need to use your personal data for a legitimate business reason (e.g. 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 a claim made under an insurance policy 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 investigating a legal claim that you bring against a barrister.
| Purpose for processing | Legal grounds for using your personal data | Legal grounds for using your special category data |
| To investigate and handle your claim. | We have a legitimate business reason (to investigate and handle all claims that have been notified to us). | 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. | 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. |
| 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 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). We have a relevant legal or regulatory obligation. | Not applicable. |
With whom will we share your personal data?
We will keep your personal data confidential and we will only share it where necessary for the purposes set out above with the following parties:
- Thomas Miller Professional Indemnity Ltd and other Thomas Miller Group companies for our general outsourcing management and administration purposes.
- The barrister who you have made a claim against and individuals at his or her chambers.
- Professional advisers.
- Your solicitor.
- Witnesses involved in a claim that you have made.
- The Bar Standards Board, the Bar Council and the Legal Ombudsman.
- Courts and tribunals where legal proceedings have been initiated.
- 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 and document management providers.
- Selected third parties in connection with any sale, transfer or disposal of our business.