Privacy Policy

This privacy policy contains information to be provided in accordance with Articles 13 and 14 of the General Data Protection Regulation (GDPR)¹.

1. This Privacy Policy applies to all personal data Konrad Suchodolski bl processes in his practice as a barrister other than those data to which s. 162 of the Data Protection Act 2018 (DPA) applies.

2. Konrad Suchodolski bl is the data controller. His contact details are:

   1. konrad.suchodolski@lawlibrary.ie (preferred)

   2. +353 (0)87 388 8414

   3. DX 816 574 Dublin

   4. The Law Library
      Distillery Building
      145–151 Church Street
      Dublin 7
      D07 WDX8

3. Purposes of the processing for which the personal data are intended and the legal basis for the processing under Article 6(1) GDPR are:

   (b) contract (client party to contract)

   1. in relation to proceedings before a court, tribunal or forum for arbitration, whether in the State or in another jurisdiction, or the Injuries Resolution Board, to represent another person before that court, tribunal, forum or Board, and to prosecute or defend such proceedings on behalf of another person;

   2. in relation to such proceedings, to advise another person in relation to the conduct of the proceedings, and to draw or draft documents for another person in contemplation of, ancillary to or in connection with those proceedings;

   3. to provide legal advice to another person, or to draw or draft legal documents for another person that have the purpose of securing or transferring for a person a legal right or entitlement;

   4. to represent or act for another person where legal rights or obligations are being, or are likely to be, created, or are, or are likely to be, in dispute, and to represent and advise another person for the purposes of arriving at or giving effect to any settlement;

   5. to carry out specific tasks of research or opinion work for other barristers, or to have other barristers carry out the same; to cover a hearing or take over a matter, or to have another barrister do either;

   6. to process the names, contact details and correspondence of instructing solicitors, in-house Counsel and other professionals entitled to instruct, and of their staff, to receive and act on their instructions;

   (c) legal obligation

   7. to make notices of costs, legal costs agreements, bills of costs and invoices as required by law;

   8. to keep accounts, tax and anti-money laundering records as required by law;

   9. to ensure the security of the personal data processed, to respond to access and other data protection requests, and to keep records showing compliance with data protection law;

   10. to comply with other legal obligations.

4. Where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party are:

   obtaining legal advice and representation, and establishing, exercising or defending legal claims (non-client or client non-party to contract)

   A–F. See 3 above.

   complying with professional codes

   11. to determine whether accepting any instructions would be lawful, in compliance with applicable codes and practices of the profession, and free from conflicts of interest;

   agreeing fair and reasonable terms of engagement

   12. to determine what fees would be fair and reasonable, what costs would reasonably be incurred and what terms would be appropriate to accept any instructions;

   establishing, exercising or defending legal claims

   13. to respond to any complaint or claim concerning professional services provided;

   recovering fees

   14. to recover fees and deal with fee disputes;

   maintaining professional indemnity cover

   15. to notify and co-operate with the professional indemnity insurer;

   training of barristers

   16. to impart and receive information in the course of a pupillage;

   developing the practice

   17. to create anonymised precedents and meet continuing professional development obligations;

   maintaining commercial relationships

   18. to maintain relationships with clients and professionals entitled to instruct;

   preventing fraud and securing networks and information

   19. to prevent fraud and ensure network and information security.

5. Special categories of personal data are processed on the following additional legal bases:

   article 9(2)(f) gdpr

   1. necessity for the establishment, exercise or defence of legal claims, or whenever courts are acting in their judicial capacity;

   section 47 or 55 dpa

   2. where necessary for providing or obtaining legal advice, or in connection with actual or prospective legal proceedings;

   article 9(2)(a) gdpr

   3. otherwise, with the data subject’s explicit consent.

6. Categories of personal data concerned are:

   1. identity and contact details;

   2. details of a person’s role in a matter;

   3. facts and allegations in case papers, and correspondence;

   4. financial information, including fees and, where relevant, a party’s finances;

   5. for clients instructing directly, identity-verification documents;

   6. special categories of personal data and data relating to criminal convictions and offences, where a matter involves them.

7. Recipients or categories of recipients of personal data are:

   1. instructing solicitors and in-house Counsel, other barristers and lawyers, professionals entitled to instruct and the controller’s legal advisers;

   2. clients;

   3. courts, tribunals and other bodies, the Injuries Resolution Board, arbitrators, mediators and conciliators;

   4. witnesses and experts;

   5. accountants, legal costs accountants, professional indemnity insurers and the Revenue;

   6. the Legal Services Regulatory Authority, The Bar of Ireland, the Honorable Society of King’s Inns and bodies of these;

   7. service providers processing personal data on the controller’s behalf;

   8. the public, where a court or tribunal publishes a judgment or decision.

8. The data controller intends to transfer personal data to a third country or international organisation if necessary. The European Commission has adopted adequacy decisions for some third countries and international organisations.²

9. Personal data are stored for periods of:

   1. seven years and one day after the final point of appeal has expired, case files and correspondence where proceedings have issued;

   2. where no proceedings have issued, seven years and one day after the limitation period has expired, case files and correspondence;

   3. six years from the end of the financial year containing the latest date to which the record, information or return relates, general accounting and VAT records;

   4. until retirement from practice or from any judicial office, a record of the names of the parties and a short description of each matter, for checking conflicts of interest;

   5. where a complaint or claim is made or threatened against the controller: until the complaint or claim, including any appeal, is resolved or abandoned.

10. The data subject has the right:

    1. to request from the controller access to and rectification or erasure of personal data, restriction of processing concerning the data subject and data portability;

    2. to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on legitimate interests, including profiling based on those provisions, in which case the controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims;

    3. to withdraw consent at any time, where the processing is based on consent, without affecting the lawfulness of processing based on consent before withdrawal;

    4. to lodge a complaint with a supervisory authority.

11. Provision of personal data is neither a statutory nor contractual requirement, and the data subject is not obliged to provide personal data. Failure to do so may prevent the provision of legal services.

12. Personal data are obtained from:

    1. instructing professionals:

       1. Irish solicitors and in-house Counsel within the jurisdiction,

       2. European and foreign lawyers, in-house Counsel outside the state

       3. tax accountants, patent agents and trade-mark agents;

    2. other members of the Law Library;

    3. clients and data subjects directly;

    4. courts, tribunals and other bodies:

       1. judges or other decision-makers,

       2. registrars and other administrative staff,

       3. other parties to the proceedings and their legal representatives,

       4. witnesses and experts;

    5. publicly accessible sources, including registers, published judgments and the press;

13. Personal data are not subject to any automated decision-making.