Privacy Policy

This Privacy Policy explains how personal information is collected, used, stored and disclosed in connection with the legal services provided by Merran Keil, Barrister, and through the website www.financialbarrister.com.

The Privacy Act 2020 applies to this policy. "Personal information" means information about an identifiable individual.

By engaging me, providing information in relation to a matter, contacting me, or using this website, you acknowledge that your personal information will be handled in accordance with this Privacy Policy and applicable New Zealand law.

The personal information collected will depend on your relationship with me and the nature of the work or interaction, and may include:

• Identification and contact details (for example, name, address, email, phone number, occupation).
• Information relating to your legal issues, including background facts, financial or commercial information, and correspondence relevant to your matter.
• Information about other individuals involved in a matter (for example, opposing parties, witnesses, directors, shareholders or regulators) to the extent that information is relevant to your instructions or is disclosed in proceedings or regulatory processes.
• Information generated in the course of acting for you (for example, file notes, draft documents, court documents, correspondence, advice, and internal work product).
• Any information you provide when you contact me by email, through the website, or in meetings.
• Technical information related to your use of the website (such as IP address, browser type and basic usage data), to the extent collected by the website hosting platform or analytics tools.

In some matters, more sensitive information (for example, health, family or financial information) may be collected where it is reasonably necessary for the work you have asked me to do, or required by law or professional obligations.

I usually collect personal information directly from you, for example when you:

• instruct me to act and provide information so that I can advise you or represent you;
• send me documents, briefs, or correspondence;
• contact me by email, phone, video call, or via the website; or
• attend meetings, mediations, hearings or conferences where I am acting for you.

I may also receive personal information from third parties where this is reasonably necessary for my work, or permitted or required by law. Those third party sources may include courts, tribunals, arbitrators or dispute resolution schemes; regulators and enforcement agencies; opposing parties, their advisers and other counterparties; your existing or previous legal or other professional advisers; and publicly available sources (for example, public registers or websites).

Where I receive personal information about you from a third party rather than directly from you, I will treat it in accordance with this Privacy Policy and the Privacy Act 2020.

Because most information I hold about you comes directly from you or through you (for example, from your existing advisers or counterparties as part of a brief or discovery), the new IPP 3A notification requirement will often not apply.

Where I do receive personal information about you from a third party, I will take reasonable steps to ensure you are aware that I hold that information and of the matters set out in this Privacy Policy, unless an exception under the Privacy Act 2020 applies. Examples of situations where an exception may apply include where providing notice would:

• prejudice the conduct of a proceeding or investigation;
• undermine negotiation or settlement processes;
• breach legal professional privilege or another person's confidentiality or privacy; or
• be otherwise impossible or impracticable in the circumstances.

I collect, use and disclose personal information only for purposes that are lawful, fair and reasonably necessary for my practice and legal obligations. These purposes include:

• providing legal advice and representation, including preparing and filing documents, advising on legal issues, and acting in negotiations, mediations, hearings, court or tribunal proceedings, and regulatory engagements;
• understanding your instructions and circumstances so that legal services can be tailored appropriately;
• communicating with you and with others involved in your matter;
• managing practice administration and operations, including file opening, conflict checks, billing and credit management;
• complying with professional and legal obligations, including the Lawyers and Conveyancers Act, court rules, applicable conduct and client care rules, and any relevant regulatory or record keeping requirements;
• protecting and enforcing legal rights, including managing or responding to actual or potential complaints, regulatory investigations or claims;
• maintaining and improving my IT, security, knowledge management and quality assurance processes; and
• responding to enquiries sent through the website or other contact channels.

I may share your information with third parties who support my practice, with other parties involved in your matter where reasonably necessary to carry out your instructions, and where the law or my professional obligations require it.

I use selected third party providers to support the operation of chambers and the provision of legal services. These providers may have access to your personal information only to the extent reasonably necessary to perform their services, and they are required to protect that information and not use it for their own purposes. These providers presently include:

• Cloud storage and productivity services, including Dropbox, Microsoft 365 and OneDrive/SharePoint, which I use to store and work on matter documents, email and work product.
• Email and collaboration tools, including Microsoft 365 and, where applicable, Google services (for example, for calendaring and document sharing), used to manage communications and documents in connection with your matter.
• AI service providers, including Perplexity, OpenAI and Microsoft Copilot, which I may use as drafting, research or productivity tools when working on your matter. Where I use such tools, I take steps to minimise the personal information shared (for example, by redacting or pseudonymising material where practicable) and to use them consistently with my confidentiality and privacy obligations.
• External counsel, experts and other professional advisers instructed on your behalf, where sharing relevant personal information is reasonably necessary to obtain their input and to advance your matter, and subject to their own professional and confidentiality obligations.

Depending on the nature of the work, I may also need to disclose personal information to courts, tribunals, arbitral bodies and dispute resolution schemes; regulators and enforcement agencies; and opposing parties, their advisers and other counterparties, as part of pleadings, correspondence, disclosure or settlement processes.

I may also disclose personal information where I am required or authorised to do so by law, court order, the New Zealand Law Society, or other professional or regulatory bodies.

Some of the service providers described above may be located, or may store personal information, outside New Zealand (for example, cloud based email, storage, collaboration or AI services).

Where personal information is transferred or stored overseas, I take reasonable steps to ensure that it is protected by safeguards comparable to those required under the Privacy Act 2020, for example through contractual obligations and the use of established, reputable service providers.

I take reasonable steps to protect personal information against loss, unauthorised access, use, modification or disclosure, and other misuse. These steps include appropriate physical, technical and organisational measures, such as access controls, secure passwords and security practices for devices and systems used in my practice.

Personal information may be stored in paper files and in electronic form within my document and practice management systems and the cloud services described above.

Personal information is retained only for as long as it is reasonably required for the purposes for which it was collected, for my legitimate business or legal purposes, or as required by law or professional rules. After that, I will take reasonable steps to securely destroy or anonymise it.

You have the right to request access to, and correction of, the personal information I hold about you, subject to the limitations in the Privacy Act 2020 (for example, where providing access would breach legal professional privilege, another person's privacy, or a court order).

If you wish to exercise these rights, or have any questions or concerns about this Privacy Policy or how your personal information is handled, please contact me using the contact details on www.financialbarrister.com or via the email address published there.

If you are not satisfied with my response, you can contact the Office of the Privacy Commissioner (www.privacy.org.nz) for guidance or to make a complaint.

This Privacy Policy may be updated from time to time to reflect changes in practice, technology, or legal requirements.

Any updated version will be published on www.financialbarrister.com and will apply from the date it is posted.