Experts in
Data Protection & Information Law

Who is
Advocate DVB?

I was born and raised in Jersey in the Channel Islands. After attending Jersey College for Girls, I completed my law degree and legal practice course at the University of Sheffield, returning to the Island in 2005, where I began my legal career in the commercial dispute resolution department at Appleby. I worked my way from legal assistant to senior associate and I was sworn in as a Jersey Advocate in 2010. In 2016, I joined leading boutique employment and data protection firm Callington Chambers, where I was a partner.

I commenced practice as a specialist sole practitioner in 2019 because I wanted to create a law firm that does things differently. Every case and each client are unique, and by continuing to focus on my specialist areas of data protection, freedom of information, mental health and dispute resolution I can offer expert, focused advice in those areas. People are at the heart of everything I do.

I am keen to support student lawyers and am on the Board of Examiners for the local Advocates and Solicitors examinations and a trustee for the Institute of Law Endowment Trust.

Specialist Areas

I have worked in the field of information law for some 14 years and been involved in some of the most interesting and ground-breaking cases in this area. I deal with the full spectrum of issues, both non-contentious and contentious and I am ranked as a leading individual by the Legal 500, specifically for my work in this area.

I’ve worked with clients to ensure that their policies, procedures and third-party contracts can demonstrate compliance with relevant data protection legislation, and I’ve drafted notices to meet the required standards of transparency. I’ve advised clients who have suffered significant data breaches (including working with foreign lawyers where there are cross-jurisdictional and insurance elements), carried out data audits and represented data subjects whose data has been compromised, including helping to secure compensation for those individuals.

I have acted for those in the public and private sector including law firms, health establishments, charities, trust companies and regulators.

I am regularly invited to speak at conferences and also provide in-house training for organisations, on request.

I am passionate about the field of mental health and was one of the very first local lawyers to receive accreditation from the Law Society of Jersey to represent individuals detained in hospital under local mental health legislation. I have also been involved in several ground-breaking cases following the implementation of the Capacity and Self-Determination (Jersey) Law 2016 acting either for incapacitated individuals or appointed as amicus curiae by the Royal Court, including in the case of Re B [2020] JRC 150A, where the court made findings relating to an individual’s lack of capacity to consent to sexual relations, contact and residence.

On 1 January 2021 I was appointed Deputy Chair of the Mental Health & Capacity Review Tribunal for a five-year term, determining appeals regarding detention for assessment, detention for treatment, transfers off-island and reviewing authorisations whereby an individual is subject to significant restrictions on their liberty.

In addition to this, I have practised in personal injury for many years (acting for Plaintiffs and Defendants) and have a unique blend of expertise, particularly in respect of psychiatric injury in an employment context and mental health matters generally.

I also served for 4 years as a legal member of the Criminal Injuries Compensation Board.

During the first 11 years of practice, I worked on many diverse local and cross-border commercial and civil litigation matters, including in respect of bankruptcy and insolvency, insurance and general regulatory matters.

I also practise in the field of employment law primarily focusing on contentious employment data protection matters and psychiatric workplace injuries, and am recommended by the Legal 500.

Testimonials & Accreditations

Davida is one of the Island’s best lawyers for information rights legislation and mental health. She is extremely easy to deal with, and always looks at matters with compassion, practicality and pragmatism. Her attention to detail is second to none. [2021]

Davida is a unique and talented professional. Her blend of honesty, warmth, humour, and – most importantly – employment law knowledge is exemplary. She has the ability to think on her feet with logical and realistic arguments and doesn’t bog down clients with overly-legal and technically complex talk. Davida was down-to-Earth, pragmatic, and engaging. [2021]

Davida is knowledgeable and approachable. She is able to demystify and break down a subject that even for lawyers can be difficult to understand. At all times, she was accessible and quick to respond. Her advice was sensible, commercial and pragmatic and her drafting was excellent. She understands how the regulator works and thinks and is able to approach matters accordingly. I wouldn’t hesitate to instruct her again or recommend her to others. [2021]

Data protection expert Advocate Davida Blackmore’s ‘friendly demeanour and approachable nature makes trying situations much easier to deal with. [2019]

Advocate Blackmore is unique in the fact that she was always able to explain key areas we required advice for in a pragmatic yet simple way. She was able to adapt her language to be high level or layman’s terms dependent on who needed to understand. We felt very secure in her hands. [2021]

DISPUTE RESOLUTION – REGULATORY AND WHITE COLLAR

Leading Individual & Firm Ranked Tier 2 2021 & 2022

Next Generation Partner 2020

EMPLOYMENT LAW

Recommended & Firm ranked Tier 3 2021 & 2022

Recommended 2020, 2019, 2018

DISPUTE RESOLUTION
Recommended 2014

Contact

+44 (0) 1534 729747
info@advocatedvb.com

PO Box 120, St Helier,
Jersey, JE4 8QE

Advocate Davida Blackmore is regulated by the Law Society of Jersey

© COPYRIGHT 2021 ADVOCATE DAVIDA BLACKMORE

Privacy Policy

ABOUT ME

I’m an Advocate of the Royal Court of Jersey. I’m based in Jersey and I provide specialist legal services (predominantly litigation) in the field of information law (data protection, freedom of information, defamation etc.). I also deal with mental health and capacity matters and personal injury and general civil litigation matters. More information about me and my background can be found here.

This privacy notice (Notice) explains the various ways in which I obtain, hold, use and disclose personal data. This Notice also explains what your rights are in relation to any personal data about you that is processed by me.

Any questions in relation to this Notice should be directed to info@advocatedvb.com.

RELEVANT LAW

 

The way in which I process personal data is governed by data protection law, which includes the Data Protection (Jersey) Law 2018 (the DPJL 2018), the Data Protection Authority (Jersey) Law 2018 (the Authority Law) and, where relevant, the General Data Protection Regulation (EU)2016/679 (GDPR).

 

THE DATA I COLLECT

I process data in order to provide legal services. The type of information I collect includes:

  • If you have instructed me to provide legal services (either on your own behalf or on behalf of your organisation), I will collect necessary contact details (including names, postal addresses, email addresses and telephone numbers);
  • Information to meet legal and regulatory requirements and to allow me to check and verify your identity prior to engagement, including information on source of funds and source of wealth; 
  • Information provided in the course of the provision of legal services (for example, information on professional and personal relationships and background, disputes and court proceedings engaged in);
  • I may collect information such as your business contact details if I meet you in person, or at a telephone, or online meeting (including images or video obtained during visits to events hosted by me or in which I am involved); 
  • Where I am instructed in a criminal matter and/or perform duties as Duty Advocate for either the Magistrate’s or Youth Courts, I may hold and process information relating to criminal offences (alleged and past record)
  • Any other information you may provide to me including that which you provide by filling in the contact form on my website.

I will usually collect most information from you. However, I may also collect information from:

  • Publicly accessible sources, e.g. the Jersey Financial Services Commission website, the Public Registry (PRIDE land registry system) or social media sites such as LinkedIn;
  • Your colleagues or third-party business contacts who have referred you to me, or put you in touch with me (including other lawyers who may instruct me to assist them with a matter on your behalf);
  • A third party with your consent (e.g. your bank or insurance provider);
  • Legal Aid in Jersey (either if I have been appointed to act for you under the terms of the Legal Aid Scheme, from time to time);
  • The courts of Jersey:
    • If I am appointed as amicus, for example, I will receive information from the Judicial Greffe.
    • If I am appointed to preside as Deputy Chair on an individual’s application to the Mental Health and Capacity Review Tribunal I will receive information from the Tribunal Registrar, Health and Social Services (who provide reports as part of the review process) ;
  • Other parties to legal proceedings, including any legal representatives.

PURPOSES OF PROCESSING

 

Purpose

Lawful Basis

To enter into client relationships and provide legal services

Where the client is an individual: to fulfil the contract we have entered into to provide legal services.

I will also rely on legitimate interests where:

• I collect and use your personal data in order to fulfil my obligations to my clients
• I collect and use your personal data in order to fulfil my contractual obligations.

To ensure the security of my computer system and premises

My legitimate interests in protecting my systems, from being misused or the victim of any criminal activity

To notify you about goods or services and updates about legal developments, and my services, which may be of interest to you

My legitimate interests as a provider of legal services. Individuals may unsubscribe at any time and information on how to do that will be provided at the time of mailing. Alternatively, email me: info@advocatedvb.com

To meet all applicable legal, regulatory and ethical obligations 

My legitimate interests as a provider of legal services to process data to the extent necessary to ensure I meet all legal, regulatory and ethical obligations

I may (depending on the nature of our engagement) need to process what is known as “Special Category Data”. This is information which is generally deemed to be particularly sensitive and includes information on a person’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data processed for the purpose of uniquely identifying a natural person, health data, data on a person’s sex life or sexual orientation or data relating to a person’s criminal record or alleged criminal activity. When I process this information, it will usually be because it is necessary for compliance with a legal obligation or the purposes of legal proceedings or legal advice and because I need it in order to provide you with that advice.

WHO DO I SHARE DATA WITH?

 

I will never sell your information or pass it to any third party for marketing purposes or for any other purpose unconnected with my business.

I may need to share some of the above information with other parties such as:

  • Any sub-contractors, agents or service providers;
  • Courts or tribunals;
  • Third parties with whom I engage for the hosting of events or other marketing initiatives;
  • Law enforcement agencies where considered necessary for me to fulfil legal obligations applicable to it;
  • Regulators or other governmental or supervisory bodies with a legal right to the material or a legitimate interest in any material. 

Where I enter into an engagement with a third party pursuant to which data may be processed by that third party, I will impose contractual obligations on them to ensure that they are only allowed to use your information to complete the tasks I have asked them to carry out and that they take appropriate measures to protect your personal data. 

I may also disclose your personal data to third parties:

  • if I am under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply my Letter of Engagement or other agreement with you; or
  • to protect my rights, property, or safety or that of my clients or any third party I interact with.

Other than as set out above, and save insofar as is necessary in order for me to carry out my obligations arising from any contracts entered into between you and me, I will not share your data with third parties unless I have procured your express consent to do so.

I do not intend to transfer any personal data to jurisdictions outside of Jersey the EU, EEA or UK or to any third countries unless either required to do so by law, or it is necessary for the purposes of my providing you with legal services (such as obtaining relevant legal advice from a foreign jurisdiction). I will always discuss any such transfers with clients prior to transfer.

SECURITY

I take appropriate measures to ensure that any personal data are kept secure, including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. I limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

I also have procedures in place to deal with any suspected data security breach. I will notify you and any applicable regulator of a suspected data security breach where I am legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although I will do my best to protect your personal data, I cannot guarantee the security of your data transmitted to my website; any transmission is at your own risk. Once I have received your information, I will use strict procedures and security features to try to prevent unauthorised access.

My website may, from time to time, contain links to and from other websites including the websites of my clients or partners who have provided feedback or testimonials; industry-related websites such as the Legal 500; or networking or social media websites such as LinkedIn and Twitter. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use and I do not accept any responsibility or liability for these policies and terms of use. Please check these policies before you submit any personal data to these websites.

WHERE I STORE YOUR PERSONAL DATA

All information I hold about you is stored on secure systems provided by my third-party service provider within the EEA.

HOW LONG DO I KEEP YOUR INFORMATION?

I retain personal information for the period reasonably necessary for the purpose for which it was collected. In particular:

I store all personal information collected in connection with services that I provide to my clients, e.g. emails that I exchange with you that contain instructions or information required for me to perform services, for so long as the relevant client remains a client of the firm, and for a reasonable period thereafter to enable me to resolve any disputes, enforce my rights, respond to queries, and perform services for the relevant client in the future.

Please note that I am obliged to keep client data for 11 years after the last material entry on the relevant file, this in accordance with the rules of the Law Society of Jersey.

YOUR RIGHTS

 

Under data protection legislation, you have various rights in connection with any personal data about you that is processed by me as data controller. These include rights to:

  • access to your personal data and to certain other supplementary information that this Policy is already designed to address
  • require me to correct any mistakes in your information which I hold
  • require the erasure of personal data concerning you in certain situations
  • receive the personal data concerning you which you have provided to me in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • object at any time to processing of personal data concerning you for direct marketing
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • object in certain other situations to my continued processing of your personal data
  • otherwise restrict my processing of your personal data in certain circumstances
  • claim compensation for damages caused by my breach of any data protection laws.

Further information on those rights can be found on the website of the Jersey Data Protection Authority: www.jerseyoic.org.

If you would like to exercise any of those rights, please call, email (info@advocatedvb.com) or write to me providing enough information to allow me to identify you. It would also be helpful if you could let me know the information to which the request relates. I may require formal proof of identity (photo ID and recent utility bill) and where I request this I must receive it before I am obliged to respond to your request.

CONSEQUENCES OF FAILING TO PROVIDE DATA AND KEEPING INFORMATION UP TO DATE

If you are a client and you do not provide information I need or you ask me to cease processing or erase your data, then the effect may be that I am then unable to provide legal services to you. 

If your personal details change, please email me and I will endeavour to update your personal data within seven working days.

RIGHT TO LODGE A COMPLAINT

I hope that I can resolve any query or concern your raise about my use of your information so please contact me in the first instance to discuss any concerns.

You have the right to lodge a complaint to the Jersey Data Protection Authority about the processing of your data by me. Their contact details are:

Jersey Office of the Information Commissioner

2nd Floor

5 Castle Street

St Helier

Jersey

Tel: +44 1534 716530

www.jerseyoic.org

COOKIES

 

What is a cookie?

A cookie is a small text file that contains a small amount of information and is downloaded onto your devices (e.g. your computer or smartphone) when you use a website.  

Do I use cookies?

I do not have any tracking enabled on my website. The only cookie I use is a first party cookie called ‘Crumb’ which is session only and in order to prevent cross site request forgery. It lasts only as long as you are on my site.

CHANGES TO THIS NOTICE

I reserve the right to modify this Notice at any time. Any changes will be notified and made available via my website.

Last updated 1 September 2021.