DATA PROTECTION POLICY
“Data Protection Legislation” or “Legislation” means the Data Protection Act 1998, the Privacy and Electronic Communications Regulations (EC Directive) Regulations 2003 (SI 2426/2003 as amended), the General Data Protection Regulation (GDPR), any laws in the UK enacting the GDPR or preserving its effect in whole or part following the departure of the UK from the European Union and all applicable laws and regulations, including any replacement UK or EU data protection legislation relating to the Processing of Personal Data, together with, where applicable, the guidance and codes of practice issued by the Information Commissioner’s Office.
Data Protection Legislation is concerned with the protection of human rights in relation to personal data. The aim of the Legislation is to ensure that personal data is used fairly and lawfully and that where necessary the privacy of individuals is respected. During the course of the activities of Grace Church Whitehaven, Grace Church Whitehaven will collect, store and internally process personal data about our members and we recognise that the correct and lawful treatment of this data will help maintain confidence in Grace Church Whitehaven. This policy sets out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources.
The Data Protection Officer is responsible for ensuring compliance with the Legislation and with this policy. The post is held by Roz Lake, contactable by email: email@example.com
Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.
Processing personal data
All personal data should be processed in accordance with the Legislation and this policy. Any breach of this policy may result in disciplinary action. 2. And or legal proceedings.
Processing includes obtaining, holding, maintaining, storing, erasing, blocking and destroying data.
Personal data is data relating to a living individual. It includes employee data. It will not include data relating to a company or organisation, although any data relating to individuals within companies or organisations may be covered. Personal data can be factual (for example a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
Examples of personal data are employee details, including employment records, names and addresses and other information relating to individuals, including supplier details, any third-party data and any recorded information including any recorded telephone conversations or emails.
Employees and others (including contracted staff, volunteers and trustees) who process data on behalf of Grace Church Whitehaven (referred to in this policy as ‘Employees’) should assume that whatever they do with personal data will be considered to constitute processing.
Your name and contact details will be entered into our church finance database which is ‘Quick Books’ for accounting & gift aid purposes, which is stored in a ‘Grace Church profile’ on secure, password protected computer and is accessed only by Roz Lake. Your contact details will be removed from the database once the legal retention period is over [see Appendix 2] We will contact you annually to check that the information we are holding is accurate.
Employees should only process data:
If they have consent to do so; or
If it is necessary to fulfil a contractual obligation or as part of the employer/employee relationship; for example, processing the payroll; or
the processing is necessary for legitimate interests pursued by Grace Church Whitehaven, unless these are overridden by the interests, rights and freedoms of the data subject.
If none of these conditions are satisfied, individuals should contact the Data Protection Officer before processing personal data.
Compliance with the Legislation
Employees who process data on our behalf have a responsibility for processing personal data in accordance with the Legislation. This includes the data protection principles in the Legislation. These state that personal data must:
be obtained and used fairly, lawfully and transparently
be obtained for specified, explicit and legitimate purposes and used only for those purposes
be adequate, relevant and limited to the minimum necessary for those purposes
be accurate and kept up to date (every reasonable endeavour should be used to ensure personal data that is not accurate is corrected or erased without delay)
be processed in a manner that ensures its security (see Information Security policy at Appendix 1).
not be kept for any longer than required for those purposes (see Retention policy at Appendix 2).
We will only share personal data with other organisations or people when we have a legal basis to do so and if we have informed the data subject about the possibility of the data being shared (in a privacy notice) unless there is a legal exemption from doing so. We will keep records of any information shared with a third party including a record of any exemption which has been applied.
Employees should follow the Data Breach Procedure (at Appendix 3) if they think they have accidentally breached any provision of this Data Protection Policy.
To enable us to provide adequate pastoral support to you and your family, the 3. [trustees/elders/department leaders/safeguarding team] may record information which may be regarded as sensitive. This information will be stored (in password protected documents) on computers and the password will only be known by the [trustees/elders/department leader]. This information will NOT be disclosed to anyone else without your consent.
Monitoring the use of personal data
We are committed to ensuring that this data protection policy is put into practice and that appropriate working practices are being followed. To this end the following steps will be taken:
any Employees who deal with personal data are expected to be aware of data protection issues and to work towards continuous improvement of the proper processing of personal data
Employees who handle personal data on a regular basis or who process sensitive or other confidential personal data will be more closely monitored
All Employees must consider whether the personal data they hold is being processed in accordance with this policy. Particular regard should be had to ensure inaccurate, excessive or out of date data is disposed of in accordance with this policy
Employees must follow the Breaches Procedure (at Appendix 3) should they become aware of any breach of this policy
Employees will keep clear records of our processing activities and of the decisions we make concerning personal data (including reasons for the decisions) to show how we comply with the Legislation
Spot checks may be carried out
An annual report on the level of compliance with or variance from good data protection practices will be produced by Roz Lake
Data breaches will be recorded and investigated to see what improvements can be made to prevent recurrences
Handling personal data and data security
This will be managed in accordance with our Information Security Policy (see Appendix 1).
The rights of individuals
The Legislation gives individuals certain rights to know what data is held about them and what it is used for. 4. If personal data is collected directly from an individual, we will inform them in writing of their rights by providing them with a ‘Privacy Notice’ at the time the personal data is collected or as soon as possible afterwards.
5. In principle everyone has the right to see copies of all personal data held about them. There is also a right to have any inaccuracies in data corrected or erased. Data subjects may also have a right of portability in respect of their personal data, and a right to be forgotten. Data subjects also have the right to prevent the processing of their data for direct marketing purposes. [Note for point 4; At the time of adopting this policy Grace Church Whitehaven does not carry our any direct fundraising, however if this changes in the future, all members would be asked for their consent as described above before any fundraising began]
Any request for access to data under the Legislation should be made to Roz Lake in writing. In accordance with the Legislation we will ensure that written requests for access to personal data are complied with within 30 days of receipt of a valid request (where permitted under the Legislation, we may take a further 30 days to respond but we will inform the individual of why this is necessary).
When a written data subject access request is received the data subject will be given a description of a) the personal data, b) the purposes for which it is being processed, c) those people and organisations to whom the data may be disclosed, d) be provided with a copy of the information in an intelligible form.
Changes to this policy
We reserve the right to change this policy at any time, including as needed to comply with changes in law. Where appropriate we will notify data subjects of those changes by mail or email.
Policy adopted on 01/04/21
To be reviewed in 12 months’ time
APPENDIX 1 – Information Security Policy
APPENDIX 2 – Records Retention Policy
APPENDIX 3 – Data Breach Policy
APPENDIX 4 – Complaints process