This privacy notice contains information about the information I collect, store and otherwise process about you and the reasons for the processing.
During an arbitration I may collect, use and be responsible for personal information about you. When I do this I am the ‘controller’ of this information for the purposes of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
What do I do with your personal information?
When sitting as an arbitrator I may be in receipt of personal information that you provide which may include any or all of the following:
lifestyle and social circumstances
goods and services
education, training and employment details
physical or mental health details
racial or ethnic origin
religious, philosophical or other beliefs
trade union membership
sex life or sexual orientation
biometric data for the purpose of uniquely identifying a natural person
criminal proceedings, outcomes and sentences, and related security measures
other relevant personal data.
Information collected from others
I may also obtain the same categories of personal information listed above from third parties during the course of an arbitration.
How do I use your personal information?
Your personal information may be used during the course of an arbitration, to determine the arbitration, to check for potential conflicts of interest in relation to future potential cases, to carry out anti money laundering checks and as required or permitted by law.
The legal basis for processing your personal information
If you have consented to the processing of your personal information, then I may process your information for the purposes set out above to the extent to which you have consented to me doing so.
Who will I share your personal information with?
It may be necessary to share your information with other legal professionals, experts and other witnesses during an arbitration and as required by law.
Transfer of your information outside the European Economic Area (EEA)
This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary during the course of an arbitration to transfer some of your data to that country outside of the EEA for that purpose.
Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. Most do not. If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.
How long will I store your personal data?
I will store any personal data I may receive during an arbitration until 3 months after the rendition of the Final Award in the arbitration, unless circumstances require otherwise. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is will be limited to your name and contact details/ the name of the arbitration.
If I am retained as an arbitrator in a case which affects your personal data, I will rely on your consent to process your personal data in the manner set out above. You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity I have carried out prior to you withdrawing your consent.
Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:
ask for access to your personal information and other supplementary information
ask for correction of mistakes in your data or to complete missing information I hold on you
ask for your personal information to be erased, in certain circumstances
receive a copy of the personal information you have provided to me or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine readable format, e.g. a Word file
object at any time to processing of your personal information for direct marketing
object in certain other situations to the continued processing of your personal information
restrict my processing of your personal information in certain circumstances.