Confidentiality

Question 1

Who are data controllers?

Answer 1

Barristers are data controllers, and must comply with GDPR.

Question 2

A breach of the Act or the GDPR is likely to constitute a breach of

Answer 2

1. CD5
2. CD10

Question 3

Barristers are responsible for the conduct of those

Answer 3

who undertake work on their behalf and are advised to ensure that clerks and other chambers’ staff are aware of the need to handle and dispose of confidential material securely. Chambers must have appropriate systems for looking after confidential information.

Question 4

Arrangements should cover:

Answer 4

1. The handling and storage of confidential information. Papers should not be left where others can read them, and computers should be placed so that they cannot be overlooked,
2. Suitable arrangements should be made for distributing papers and sending faxes and emails
3. Particular care should be taken when using removable devices such as laptops, removable discs, CDs, USB memory sticks and PDAs. Such devices should be used to store only information needed for immediate business purposes, not for permanent storage. Information on them should be at least password protected and preferably encrypted.
4. When no longer required, all confidential material must be disposed of securely

Question 5

A barrister who breaches CD 6 could face

Answer 5

disciplinary action by the BSB. Barristers are data controllers, and must comply with GDPR.

Question 6

A breach of GDPR is likely a breach of

Answer 6

Core Duty 10 and 5.

Question 7

Papers should:

Answer 7

• not be left where others can read them, computers not place where they can be overlooked.

Question 8

Computers should be

Answer 8

password protected

Question 9

Papers should be stored…

Answer 9

in a way to minimise risk of unauthorised access.

Question 10

• With laptops, USB memory sticks etc, such devices should be used to store information for immediate business purposes, not for permanent storage:

Answer 10

• Information should be password protected
• Encrypted
• Great care should be taken to make sure it is not lost or stolen.

Question 11

When no longer required, the confidential material must be

Answer 11

disposed of securely, i.e. by shredding paper or permanently erasing.