Data Protection & Information Law

Chambers’ expertise in this practice area has been growing since the introduction of GDPR and the Data Protection Act 2018. From being an issue that arose within many of Chambers’ cases, data protection and information law has become a defined practice area in which members provide discreet advice, covering the Data Protection Act 2018, the Freedom of Information Act 2000, Articles 8 and 10 of the European Convention on Human Rights and the Regulation of Investigatory Powers Act 2000, as well as on privacy and confidentiality at common law.

With a growing awareness of the rights and obligations associated with data protection and freedom of information, employers are very frequently faced with complex decisions over how to process data, how best to respond to data subject access requests and freedom of information requests and how to deal with the regulatory bodies, tribunals and courts. Our members have experience in providing legal and technical advice, drafting policies and privacy notices, as well as assisting data controllers with issues over compliance.

Equally, members advise individuals facing difficult questions over the use of information, for example in professional regulatory disputes. Representative bodies, such as trade unions, also very frequently have to confront difficult challenges over the use of data, for instance, in collective disputes and transfers. With its strong tradition of trade union representation, Chambers is particularly well-placed to advise on these disputes.

Members of this practice group also represent claimants, employers and corporate bodies in High Court and other litigation arising from alleged data breaches, misuse of information and breaches of confidentiality.

Barristers specialising in Data Protection & Information Law

Members of Old Square Chambers regularly provide advice in respect of the following areas:

Data Protection Act 1998
Freedom of Information Act 2000
Regulation of Investigatory Powers Act 2000
Articles 8 and 10 of the European Convention on Human Rights
Confidentiality and privacy at common law

Fee charging model

There are various different fee charging models available and these will vary according to each individual case. Wherever possible costs will be agreed in writing prior to commencement of any work by the barrister. In cases that are unusually lengthy or complex, it may not be possible to agree a fixed fee for certain items of work. In those circumstances we will agree an appropriate hourly rate for the item of work.

One of the fee structures commonly used for Data Protection and Information cases is a fixed fee. This means that, wherever possible, we will quote a fee in advance of the work being carried out. For hearings we typically charge a brief fee which includes counsel’s preparation for the hearing and attendance at the first day of the hearing. A refresher fee will be charged for each subsequent sitting day.

Please see below estimates based on the ranges of fixed fees and brief fees for barristers at Old Square Chambers in ordinary Data Protection and Information cases.

Item	Range of fees (estimates)
Hourly rate	£100 to £1,000 plus VAT
Written advice	£500 to £10,000 plus VAT
Advising in conference	£750 to £10,000 plus VAT
Brief fee for Case Management Hearing in London region	£500 to £10,000 plus VAT
Brief fee for 1 day hearing in London region	£1,000 to £25,000 plus VAT
Brief fee for 2 day hearing in London region	£2,000 to £50,000 plus VAT
Refresher fee	£500 to £7,500 plus VAT

Wherever possible, we will endeavour to achieve the timescales outlined, or any other reasonable timescales agreed at the time of accepting the instructions. Timescales may vary depending on factors such as barristers’ availability, the complexity of your case, the need for additional documents and the other side’s approach. Chambers will, wherever possible, endeavour to provide advice and representation that meets and exceeds the needs of our clients. Unforeseeable factors such as tribunal/court delays, cases overrunning, barrister illness and other factors outside of our control could cause delays. We will always endeavour to work with you to ensure we meet and exceed your expectations wherever possible. Where it is not possible, we will ensure we communicate clearly and regularly with you to guide you through any challenges.