Q&As

When barristers receive papers from instructing solicitors, are they obliged to serve a privacy notice on the lay client?

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Published on LexisPSL on 23/11/2018

The following Risk & Compliance Q&A provides comprehensive and up to date legal information covering:

  • When barristers receive papers from instructing solicitors, are they obliged to serve a privacy notice on the lay client?

The Q&A: When a solicitor instructs counsel to appear at a hearing and advise generally in respect of a matter, should the barrister be considered a processor, a controller or a joint controller (along with the solicitor) of the data? concludes:

‘A barrister and their instructing solicitor would each hold the personal data separately and independently determine how to process it, ie they would both be data controllers, but not joint controllers within the meaning of Article 26. Instead such a situation would seem to be what was described under the previous data protection regime as “controllers in common” ie either of them can make the relevant determination independently of the other and no right of survivorship is implied.’

Data controllers are subject to information requirements set out in Practice Note: Privacy notices—information requirements. These differ depending on whether person

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