As a firm with a diverse and international client base, we want you to know that when you use our firm, you can trust us with your information.
We are determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information we collect about you, how it is used and shared, and your rights regarding it.
AAA CHAMBERS PRIVACY NOTICE
This Notice explains how AAA Chambers processes personal data. The data controller in most contexts is AAA Chambers. This Notice covers both situations. This Notice also explains your rights in relation to any personal data about you that is processed by AAA Chambers.
Legal Framework & Definitions
The way in which AAA Chambers processes personal data is governed by data protection law, which includes the EU General Data Protection Regulation(“GDPR”) and the Nigerian Data Protection Regulations 2019 (“NDPR”).
The following terms are defined by the GDPR and NDPR. A short explanation is given below, although this is not intended to substitute any definitions set out in the legislation.
By personal data, we mean information relating to an identified or identifiable person.
By special category personal data we mean personal data consisting of genetic data; biometric data used for the purpose of identifying an individual; data concerning health; data concerning an individual’s sex life or sexual orientation; or data that reveal an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership.
By criminal offence data, we mean data about whether an individual has committed or has been convicted of a criminal offence.
By data controller, we mean the person or body who determines the purposes and means of the processing of personal data.
The NDPR defines a data administrator as a ‘person or an organization that processes data.’
Processing of personal data by the firm
AAA Chambers processes personal data for the purpose of conducting their professional practice, and for the purpose of providing legal services in the course of such practice.
2.1. Barristers/Solicitors are data controllers in respect of any personal data processed by them directly for the purposes of their own individual professional practice. For example, Barristers are data controllers in respect of the personal data held in their own email accounts, in their electronic professional diaries, or on any electronic device which they use for work purposes. A Barrister will also be the data controller in respect of any personal data contained within hard copy papers relating to a case or matter that has been allocated to that barrister.
2.1 (a). The legal basis upon which the AAA Chambers Lawyers process personal data as data controllers are as follows:
Where a professional or lay client has given consent to the processing of their personal data by a Barrister, the processing of that personal data by the Barrister is based on consent.
Where consent has not been given for the processing of personal data by the Barrister, the processing is based on the Barrister’s legitimate interests in conducting their professional practice and in providing legal services.
Where a Barrister processes special category personal data or criminal offence data, it will be on the basis that the processing is necessary for the establishment, exercise or defence of legal claims. This will apply to the processing of personal data in connection with litigation and for the purpose of providing legal advice.
2.2. Processing of personal data by AAA Chambers staff members for the purposes of supporting Barristers’ practices:
AAA Chambers employs staff members (including Administrative staff) to assist the firm in conducting its practice, and to deal with the administrative issues.
AAA Chambers is the data controller for electronic personal data processed by the staff for the purposes of assisting the firm to run its practice.
AAA CHAMBERS is also the data controller in respect of any personal data processed in connection with any unallocated case (i.e. a case that has been referred to AAA Chambers but has not been allocated to a particular lawyer).
2.2 (a). The legal basis upon which AAA Chambers processes personal data for the above purposes is as follows:
Where a professional or lay client has given consent to the processing of their personal data by AAA CHAMBERS, then the processing of that personal data by AAA CHAMBERS is based on consent.
Where consent has not been given for such processing, any such processing is based on AAA CHAMBERS’s legitimate interests in assisting the firm to conduct their professional practices and provide legal services.
Where AAA CHAMBERS processes special category personal data or criminal offence data, this is on the basis that the processing is necessary for the establishment, exercise or defence of legal claims. This will apply to circumstances where the personal data is processed in connection with litigation, or for the purpose of providing legal advice.
2.3. Processing of personal data for the administration of AAA Chambers
AAA CHAMBERS is the data controller for data that is processed for the purposes of administering the firm. This includes data that is processed for billing purposes.
AAA CHAMBERS is also the data controller in respect of all data relating to: staff employed by AAA CHAMBERS, job applicants, contract workers who provide services to AAA CHAMBERS.
2.3 (a). The basis on which AAA CHAMBERS processes such personal data is as follows.
The processing of staff data and data relating to contract workers is necessary for the performance of employment or other contracts to which AAA CHAMBERS and the relevant data subjects are parties.
The processing of special category personal data in connection with employment is conducted on the basis that the processing is for employment purposes, or for occupational health purposes.
Data relating to law firm attachments, and pupils is processed on the basis of the legitimate interest of AAA CHAMBERS in the recruitment and training of new lawyers and of potential new members of AAA Chambers.
How we collect personal data
3.1. Information collected from you
When carrying out the provision of legal services or providing a reference, AAA CHAMBERS collect personal information that you provide which may include any or all of the following:
personal details
family details
lifestyle and social circumstances
goods and services
financial details
education, training and employment details
physical or mental health details
racial or ethnic origin
political opinions
religious, philosophical or other beliefs
trade union membership
sex life or sexual orientation
genetic data
biometric data for the purpose of uniquely identifying a natural person
criminal proceedings, outcomes and sentences, and related security measures
other personal data relevant to instructions to provide legal services, including data specific to the instructions in question
3.2. Information collected from others
We may also obtain the same categories of personal information listed above from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers.
How do we use your personal information?
AAA CHAMBERS may use your personal information for the following purposes:
to provide legal services to our clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations
to keep accounting records and carry out office administration
to take or defend legal or regulatory proceedings or to exercise a lien
to respond to potential complaints or make complaints
to check for potential conflicts of interest in relation to future potential cases
to promote the firm’s services
to carry out anti-money laundering and terrorist financing checks
to train other lawyers and when providing work-shadowing opportunities
to respond to requests for references
when procuring goods and services
to publish legal judgments and decisions of courts and tribunals
as required or permitted by law.
Where appropriate, personal data may also be processed to the extent that we are required to do so by law; or in connection with any legal proceedings or prospective legal proceedings, including in order to establish, exercise or defend our legal rights.
Who will we share your personal information with?
If you are a client, some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a firm of lawyers, AAA Chambers have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.
5.1. It may be necessary to share your information with the following:
data processors, such as Chambers staff, email providers, data storage providers
courts and tribunals
other legal professionals
experts and other witnesses
prosecution authorities
trainee lawyers
lay clients
family and associates of the person whose personal information the firm is processing
in the event of complaints, the Managing Partner, Head of Chambers, Complaint Committee Members, other members of Chambers who deal with complaints, the Nigerian Bar Association( including the Legal Practitioners Disciplinary Committee).
other regulatory authorities
current, past or prospective employers
education and examining bodies
business associates, professional advisers and trade bodies.
the intended recipient, where you have asked us to provide a reference.
the general public in relation to the publication of legal judgments and decisions of courts and tribunals.
We may also be required to provide your information to regulators, or to the police or other law enforcement and intelligence services, where required and/or permitted by law.
5.2 Sources of information
The personal information we obtain may include information which has been obtained from:
other legal professionals
experts and other witnesses
prosecution authorities
courts and tribunals
trainee lawyers
lay clients
family and associates of the person whose personal information the firm is processing
in the event of complaints, the Managing Partner, Head of Chambers, Complaints Committee members, other members of Chambers who deal with complaints, the Nigerian Bar Association (including Legal Practitioners Disciplinary Committee).
other regulatory authorities
current, past or prospective employers
education and examining bodies
business associates, professional advisers and trade bodies.
the intended recipient, where you have asked us to provide a reference.
the general public in relation to the publication of legal judgments and decisions of courts and tribunals.
data processors, such as Chambers staff, IT support staff, email providers, data storage providers
public sources, such as the press, public registers and law reports.
5.3. Whether information has to be provided by you, and why?
If we have been instructed by you or on your behalf on a case, or if you have asked for a reference, your personal information has to be provided, to enable us to provide you with advice or representation or the reference, and to enable us to comply with our professional obligations, and to keep accounting records.
5.3.1. Consequences of failing to provide personal data
If you are a client of AAA CHAMBERS, and you do not provide information to the firm, or if you withdraw any consent for the processing of personal data by the firm, or require the firm to cease processing your data or to erase your data, then the effect may be that the firm is unable to provide the legal services that you have asked for, to you.
How long will we store your personal data?
AAA CHAMBERS will normally store all your information:
Until at least 1 year after the expiry of any relevant limitation period(which will usually be 15 years as recommended by our insurers), from the date of the last item of work carried out, the date of the last payment received or the date on which all outstanding payments are written off (whichever is the latest). This is because it may be needed for potential legal proceedings or subject to a complaint. At this point, any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion.
AAA CHAMBERS will store some of your information where this is needed to carry out conflict checks. However, this is likely to be limited to your name and contact details/ the name of the case. This will not include any information within any other categories listed above.
Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later.
Names and contact details held for the firm’s promotional activity purposes will be stored indefinitely or until the firm become aware or are informed that the individual has ceased to be a potential client.
Your rights
Under the GDPR and NDPR 2019, you have various rights in connection with any personal data about you that is processed by AAA CHAMBERS as data controller.
You can ask AAA CHAMBERS to give you access to personal data about you that is held by them.
You can ask AAA CHAMBERS to erase personal data about you that is held by them.
You can ask AAA CHAMBERS to restrict their processing of personal data about you, so that the data will only be used for limited purposes.
You can object to the processing of your personal data by AAA CHAMBERS.
You can ask for personal data about you that you have provided to AAA CHAMBERS to be provided to you in a structured, commonly used and machine-readable format, and you can transmit that data to another data controller.
All of these rights are set out in detail in the GDPR and NDPR 2019, which explain the conditions for the exercise of these rights, and any limitations. Various exemptions may apply, including in relation to data that is protected by legal professional privilege.
Right to lodge a complaint
You have the right to lodge a complaint to the Data Protection supervisory authority in Nigeria, NITDA about the processing of your data by AAA CHAMBERS.
National Information Technology Development Agency (NITDA)
No. 28, Port Harcourt Crescent,
Off Gimbiya Street,
P.M.B 564, Area 11 Garki,
Abuja, Nigeria
website: https://nitda.gov.ng
For more information about your rights under the GDPR please see https://edpb.europa.eu
Data Controller Contact details
The data controller for your personal data is AAA CHAMBERS. If you have any questions about this privacy notice or the information we hold about you, please contact us at:
AAA CHAMBERS
31B, HFP Way,
Dolphin Estate,
Ikoyi, Lagos,
Nigeria.
Email: info@aaachambers.com
Changes to this privacy notice
This privacy notice was published on 2 December 2020 and last updated on 2 December 2020.
We continually review our privacy practices and may change this notice from time to time. When we do, it will be placed on our website page.
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