A TINY BIT MORE ON BUNDLES AND THE TAKEAWAY CONDUNDRUM

The earlier post set out HMCTS guidance in relation to the taking away of documents after a hearing. At the same time as HMCTS prepared the Joint Notice the Bar Council issued an explanatory note 

“Many of you will be aware of notices previously published in some courts, advising that legal representatives are obliged to remove all court bundles after hearings or risk being reported to the ICO. These notices caused some confusion, as they did not make a distinction between papers belonging to the representatives and those served on the court.

The Bar Council has met with HMCTS to clarify the correct position, namely, that only those bundles belonging to barristers and solicitors should be removed by them. Barristers and solicitors should not remove bundles which have been served on the court, as they are not data processors for the court.”

A REMINDER OF THE “JOINT NOTICE”

“HMCTS advises that following discussion between the Bar Council, the Law Society and HMCTS it has been agreed that the parties’ copies of court bundles and papers, and papers and copies of documents provided for the use of witnesses, i.e. not those that have previously been filed with or supplied for the exclusive use of the court, are the sole responsibility of those parties’ representatives as data controllers. As data controllers you are required to make the necessary arrangements to remove them immediately following the end of your court hearing.

“HMCTS and its staff are not responsible for the safe storage, transport or destruction of these bundles and/or papers.

“If bundles and papers containing special category (formerly sensitive) personal data are left unattended or unsecured in the court or court building then HMCTS may consider it necessary to report that a personal data breach has occurred pursuant to the General Data Protection Regulation and Data Protection Act 2018.

“The Bar Council and the Law Society endorse the contents of this notice.”

ANYONE NOTICE A SLIGHT DIFFERENCE?

The Bar Council note states that “only those bundles belonging to barristers and solicitors should be removed by them. Barristers and solicitors should not remove bundles which have been served on the court, as they are not data processors for the court.”

The “Joint Notice” states “papers and copies of documents provided for the use of witnesses, i.e. not those that have previously been filed with or supplied for the exclusive use of the court”.

The position still appears highly ambiguous as to the status of witness bundles.