Barnt Green Choral Society
Data Protection policy
- Policy prepared by: Christopher Hackney
- Approved by trustees on:12th November 2018
- Next review date: October committee meeting each year
In order to operate, Barnt Green Choral Society needs to gather, store and use certain forms of information about individuals.
These can include members, suppliers, volunteers, audiences and potential audiences, business contacts and other people the group has a relationship with or regularly needs to contact.
This policy explains how this data should be collected, stored and used in order to meet Barnt Green Choral Society’s data protection standards and comply with the General Data Protection Regulations (GDPR).
Why is this policy important?
This policy ensures that Barnt Green Choral Society:
- Protects the rights of our members, volunteers and supporters
- Complies with data protection law and follows good practice
- Protects the group from the risks of a data breach
Roles and responsibilities
Who and what does this policy apply to?
This applies to all those handling data on behalf of Barnt Green Choral Society e.g.:
- Committee members
It applies to all data that Barnt Green Choral Society holds relating to individuals, including:
- Email addresses
- Postal addresses
- Phone numbers
Roles and responsibilities
Barnt Green Choral Society trustees are the Data Controller and will determine what data is collected and how it is used. The Data Protection Officer for Barnt Green Choral Society is the current chair person. She/he, together with the trustees, are responsible for the secure, fair and transparent collection and use of data by Barnt Green Choral Society. Any questions relating to the collection or use of data should be directed to the Data Protection Officer.
Everyone who has access to data as part of Barnt Green Choral Society has a responsibility to ensure that they adhere to this policy.
Data protection principles
a) We fairly and lawfully process personal data in a transparent way
Barnt Green Choral Society will only collect data where lawful and where it is necessary for the legitimate purposes of the group.
- A member’s name, address, telephone number(s) and e-mail address will be collected when they first join the group, and will be used to contact the member regarding group membership administration and activities. Other data may also subsequently be collected in relation to their membership, including their payment history for ‘subs’.
- Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to Barnt Green Choral Society completing tasks expected as part of the individual’s membership).
- The name and contact details of volunteers, employees and contractors will be collected when they take up a position, and will be used to contact them regarding group administration related to their role.Further information, including personal financial information may also be collected in specific circumstances where lawful and necessary (in order to process payment to the person).
- Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to Barnt Green Choral Society completing tasks expected as part of working with the individuals,
Although we do not do so at the moment:
An individual’s name, contact details and other details may be collected at any time (including when booking tickets or at an event), with their consent, in order for Barnt Green Choral Society to communicate with them about and promote group activities. See ‘How we get consent’ below.
- Lawful basis for processing this data: Consent (see ‘How we get consent’)
We only collect and use personal data for specific, explicit and legitimate purposes and will only use the data for those specified purposes.
When collecting data, Barnt Green Choral Society will always provide a clear and specific privacy statement explaining to the subject why the data is required and what it will be used for.
b) We ensure any data collected is relevant and not excessive
Barnt Green Choral Society will not collect or store more data than the minimum information required for its intended purpose.
E.g. we need to collect telephone numbers from members in order to be able to contact them about group administration, but data on their marital status or sexuality will not be collected, since it is unnecessary and excessive for the purposes of group administration.
- We ensure data is accurate and up-to-date
Barnt Green Choral Society will ask members, to update their data on an annual basis. Any individual will be able to update their data at any point by contacting the Data Protection Officer.
- We ensure data is not kept longer than necessary
Barnt Green Choral Society will keep records for no longer than is necessary in order to meet the intended use for which it was gathered (unless there is a legal requirement to keep records).
The storage and intended use of data will be reviewed in line with Barnt Green Choral Society’s data retention policy. When the intended use is no longer applicable (e.g. contact details for a member who has left the group), the data will be deleted within a reasonable period.
- We keep personal data secure
Barnt Green Choral Society will ensure that data held by us is kept secure.
- Electronically-held data will be held within a password-protected and secure environment
- Passwords for electronic data files will be re-set each time an individual with data access leaves their role/position.
- Physically-held data (e.g. membership forms or email sign-up sheets) will be stored in a locked file.
- Keys for locks securing physical data files should be collected by the Data Protection Officer from any individual with access if they leave their role/position. The codes on combination locks should be changed each time an individual with data access leaves their role/position
- Access to data will only be given to relevant trustees/committee members where it is clearly necessary for the running of the group. The Data Protection Officer will decide in what situations this is applicable and will keep a master list of who has access to data
- Transfer to countries outside the EEA
Barnt Green Choral Society will not transfer data to countries outside the European Economic Area (EEA), unless the country has adequate protection for the individual’s data privacy rights.
When Barnt Green Choral Society collects, holds and uses an individual’s personal data that individual has the following the rights over that data. Barnt Green Choral Society will ensure its data processes comply with those rights and will make all reasonable efforts to fulfil requests from an individual in relation to those rights.
- Right to be informed: whenever Barnt Green Choral Society collects data it will provide a clear and specific privacy statement explaining why it is being collected and how it will be used.
- Right of access: individuals can request to see the data Barnt Green Choral Society holds on them and confirmation of how it is being used. Requests should be made in writing to the Data Protection Officer and will be complied with free of charge and within one month. Where requests are complex or numerous this may be extended to two months
- Right to rectification: individuals can request that their data be updated where it is inaccurate or incomplete. Barnt Green Choral Society will request that members, check and update their data on an annual basis. Any requests for data to be updated will be processed within one month.
- Right to object: individuals can object to their data being used for a particular purpose. Where we receive a request to stop using data we will comply unless we have a lawful reason to use the data for legitimate interests or contractual obligation.
- Right to erasure: individuals can request for all data held on them to be deleted. Barnt Green Choral Society’s data retention policy will ensure data is not held for longer than is reasonably necessary in relation to the purpose it was originally collected. If a request for deletion is made we will comply with the request unless:
- There is a lawful reason to keep and use the data for legitimate interests or contractual obligation.
- There is a legal requirement to keep the data.
Right to restrict processing: individuals can request that their personal data be ‘restricted’ – that is, retained and stored but not processed further (e.g. if they have contested the accuracy of any of their data, Barnt Green Choral Society will restrict the data while it is verified).
Though unlikely to apply to the data processed by Barnt Green Choral Society, we will also ensure that rights related to portability and automated decision making (including profiling) are complied with where appropriate.
Member to Member
We only share members’ data with other members with the subject’s prior consent.
As a membership organisation Barnt Green Choral Society encourages communication between members.
To facilitate this:
- Members can request the personal contact data of other members in writing via the Data Protection Officer. These details will be given, as long as they are for the purposes of contacting the subject (e.g. an email address, not financial or health data) and the subject has consented to their data being shared with other members in this way.
How we get consent
Barnt Green Choral Society does not regularly collect data from consenting supporters for marketing purposes. This includes contacting them to promote performances, updating them about group news, fundraising and other group activities. But in the event our activities expand in this direction we will make sure that:
Any time data is collected for this purpose, we will provide:
- A method for users to show their positive and active consent to receive these communications (e.g. a ‘tick box’)
- A clear and specific explanation of what the data will be used for (e.g. ‘Tick this box if you would like Barnt Green Choral Society to send you email updates with details about our forthcoming events, fundraising activities and opportunities to get involved’)
Data collected will only ever be used in the way described and consented to (e.g. we will not use email data in order to market 3rd-party products unless this has been explicitly consented to).
Every marketing communication will contain a method through which a recipient can withdraw their consent (e.g. an ‘unsubscribe’ link in an email). Opt-out requests such as this will be processed within 14 days.
Barnt Green Choral Society takes any breach of data seriously. A data breach could be deliberate or accidental:
- Loss of data – e.g. not knowing where physical or digital data is stored or how to access it, including devices being lost or stolen.
- Destruction of data – both physical and digital
- Corruption of data – e.g. changing data without permission or good reason or changing it with permission or good reason but incorrectly, either by Barnt Green Choral Society Chair person, trustees, committee members, members or third parties.
- Unauthorised use of data e.g. sending an email that requires consent where consent has not been given.
- Unauthorised access to data – e.g. an (unauthorised) third party gains access to data stored by Barnt Green Choral Society
- Unauthorised disclosure of data – e.g. Barnt Green Choral Society passing data to a third party where we do not have a lawful basis to do so.
Barnt Green Choral Society acknowledges that a data breach can occur through both action and inaction on the part of the Data Controller or Processor.
How we prevent Data breaches
Barnt Green choral Society has the following safeguards to ensure against possible data breaches:
- Data is stored on secure systems with access controlled by passwords
- Manual, processes ensure passwords are updated as soon as an individual’s role within, or relationship to, Barnt Green Choral Society changes.
If a Data breaches occurs
If anyone associated with Barnt Green Choral Society thinks a data breach has occurred then it should be reported to the Data Protection officer/trustees immediately.
The Data protection officer/trustees will work with relevant individuals to investigate the potential breach. The response plan will include the following steps:
- Establish if a breach has occurred.
- Investigate if any measures can be taken to contain or minimise the breach.
- Establish the full extent and nature of that breach – including what the breach was, how many data subjects are affected and who they are.
- Establish if the data breach has, or is likely to, pose a significant risk to the data subjects rights and freedoms:
- If the breach does pose a significant risk to the data subjects rights and freedoms we will:
- Ensure all trustees are informed
- Report the breach to the ICO. This will be done in-line with their guidelines and as soon as possible, but no later than 72 hours after the breach occurred
- Report the breach to any other relevant regulators, including the Charity Commission and OSCR.
- Report the breach to the data subjects affected, informing them of what has happened, possible and likely impacts it might have on them and what we are doing to manage the breach and reduce risk of future occurrences
- If the breach does not pose a significant risk to the data subjects rights and freedoms we will:
- Document details of the breach and the decision making process involved in assessing the severity and risk of the breach.
- Ensure the breach is reported to committee at the next planed full committee meeting.
Conduct an internal investigation into how the breach happened and what measures need to be taken to minimise the risk of similar breaches occurring in the future.
Cookies on the website
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions.
Data retention policy
This policy sets out how Barnt Green Choral Society will approach data retention and establishes processes to ensure we do not hold data for longer than is necessary.
It forms part of Barnt Green Choral Society’s Data Protection Policy.
Roles and responsibilities
Barnt Green Choral Society Trustees are the Data Controller and will determine what data is collected, retained and how it is used. The Data Protection Officer for Barnt Green Choral Society is the current chair person. They, together with the trustees are responsible for the secure and fair retention and use of data by Barnt Green Choral Society. Any questions relating to data retention or use of data should be directed to the Data Protection Officer.
Regular data review
A regular review of all data will take place to establish if Barnt Green Choral Society still has good reason to keep and use the data held at the time of the review.
As a general rule a data review will be held every year and no more than 24 calendar months after the last review. The first review will take place at the October 2019 committee meeting.
Data to be reviewed
- Barnt Green Choral Society stores data on digital documents (e.g. spreadsheets) stored on personal devices held by the current chair person, the current treasurer and the current secretary.
- Physical data stored at the homes of the current chair person, the current treasurer and the current secretary.
Who the review will be conducted by
The review will be conducted by the Data Protection Officer with other committee members to be decided on at the time of the review.
How data will be deleted
- Physical data will be destroyed safely and securely, including shredding.
- All reasonable and practical efforts will be made to remove data stored digitally.
- Priority will be given to any instances where data is stored in active lists (e.g. where it could be used) and to sensitive data.
- Where deleting the data would mean deleting other data that we have a valid lawful reason to keep (e.g. on old emails) then the data may be retained safely and securely but not used.
The following criteria will be used to make a decision about what data to keep and what to delete.
|Is the data stored securely?
|No action necessary||Update storage protocol in line with Data Protection policy|
|Does the original reason for having the data still apply?
|Continue to use||Delete or remove data|
|Is the data being used for its original intention?
|Continue to use||Either delete/remove or record lawful basis for use and get consent if necessary|
|Is there a statutory requirement to keep the data?||Keep the data at least until the statutory minimum no longer applies||Delete or remove the data unless we have reason to keep the data under other criteria.|
|Is the data accurate?||Continue to use||Ask the subject to confirm/update details|
|Where appropriate do we have consent to use the data. This consent could be implied by previous use and engagement by the individual
|Continue to use||Get consent|
|Can the data be anonymised||Anonymise data||Continue to use|
Date stored by Barnt Green Choral Society may be retained based in statutory requirements for storing data other than data protection regulations. This might include but is not limited to:
- Gift Aid declarations records
- Details of payments made and received (e.g. in bank statements and accounting records)
- Trustee meeting minutes
- Contracts and agreements with suppliers/customers
- Insurance details
- Tax and employment records
Other data retention
- When a member leaves Barnt Green Choral Society and all administrative tasks relating to their membership have been completed any potentially sensitive data held on them will be deleted – this might include bank details.
- Unless consent has been given data will be removed from all email mailing lists.
- All other data will be stored safely and securely and reviewed as part of the next annual review.
If in future we have Mailing list data
- If an individual opts out of a mailing list their data will be removed as soon as is practically possible.
- All other data will be stored safely and securely and reviewed as part of the next annual review
- All other data will be included in a regular annual review.