Tuesday 15 May 2018

GENERAL PRIVACY NOTICE AND ELECTORAL ROLL INFORMATION (Note: This Privacy Notice is for not suitable for those who hold any role in the church)




Your personal data – what is it?

“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address).  Identification can be by the information alone or in conjunction with any other information.  The processing of personal data is governed by [the Data Protection Bill/Act 2017 the General Data Protection Regulation 2016/679 (the “GDPR” and other legislation relating to personal data and rights such as the Human Rights Act 1998].

Who are we?

This Privacy Notice is provided to you by the District Church Council (DCC) of All Saints Whitstable which is the data controller for your data.

The Church of England is made up of a number of different organisations and office-holders who work together to deliver the Church’s mission in each community.  The DCC works together with:

·         The PCC and the incumbent of the parish (that is, our Team vicar and team rector);
·         the bishops of the Diocese of Canterbury; and
·         the Diocesan Offices (including the offices of the Archdeacons), which are responsible for the financial and administrative arrangements for the Diocese of Canterbury.

As the Church is made up of all these persons and organisations working together, we may need to share personal data we hold with them so that they can carry out their responsibilities to the Church and our community. The organisations referred to above are joint data controllers. This means we are all responsible to you for how we process your data.

Each of the data controllers has their own tasks within the Church and a description of what data is processed and for what purpose is set out in this Privacy Notice. This Privacy Notice is given to you by the DCC on our own behalf and on behalf of each of these data controllers. In the rest of this Privacy Notice, we use the word “we” to refer to each data controller, as appropriate.

What data do the data controllers listed above process?

They will process some or all of the following types of data, where necessary to perform their tasks:

·            Names, titles, and aliases, photographs;
·            Contact details such as telephone numbers, addresses, and email addresses;
·            Where they are relevant to our mission, or where you provide them to us, we may process demographic information such as gender, age, date of birth, marital status, nationality, education/work histories, academic/professional qualifications, hobbies, family composition, and dependants;
·            Where you make donations or pay for activities such as use of a church hall, financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers;
·            The data we process is likely to constitute sensitive personal data because, as a church, the fact that we process your data at all may be suggestive of your religious beliefs.  Where you provide this information, we may also process other categories of sensitive personal data: racial or ethnic origin, sex life, mental and physical health, details of injuries, medication/treatment received, political beliefs, labour union affiliation, genetic data, biometric data, data concerning sexual orientation and criminal records, fines and other similar judicial records.

How do we process your personal data?

The data controllers will comply with their legal obligations to: keep personal data up to date; to store and destroy it securely; to not collect or retain excessive amounts of data; to keep personal data secure, and to protect personal data from loss, misuse, unauthorised access and disclosure and to ensure that appropriate technical measures are in place to protect personal data.

We use your personal data for some or all of the following purposes:

·            To enable us to meet all legal and statutory obligations (which include maintaining and publishing our electoral roll in accordance with the Church Representation Rules);
·            To carry out comprehensive safeguarding procedures (including due diligence and complaints handling) in accordance with best safeguarding practice from time to time with the aim of ensuring that all children and adults-at-risk are provided with safe environments;
·            To minister to you and provide you with pastoral and spiritual care (such as visiting you when you are ill or bereaved) and to organise and perform ecclesiastical services for you, such as baptisms, confirmations, weddings and funerals;
·            To deliver the Church’s mission to our community, and to carry out any other voluntary or charitable activities for the benefit of the public as provided for in the constitution and statutory framework of each data controller;
·            To administer the parish, deanery, archdeaconry and diocesan membership records;
·            To fundraise and promote the interests of the Church and charity;
·            To maintain our own accounts and records;
·            To process a donation that you have made (including Gift Aid information);
·            To seek your views or comments;
·            To notify you of changes to our services, events and role holders;
·            To send you communications which you have requested and that may be of interest to you.  These may include information about campaigns, appeals, other fundraising activities;
·            To process a grant or application for a role;
·            To enable us to provide a voluntary service for the benefit of the public in a particular geographical area as specified in our constitution;

What is the legal basis for processing your personal data?

Most of our data is processed because it is necessary for our legitimate interests, or the legitimate interests of a third party (such as another organisation in the Church of England).  An example of this would be our safeguarding work to protect children and adults at risk.  We will always take into account your interests, rights and freedoms.

Some of our processing is necessary for compliance with a legal obligation. For example, we are required by the Church Representation Rules to administer and publish the electoral roll, and under Canon Law to announce forthcoming weddings by means of the publication of banns.

We may also process data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract. An example of this would be processing your data in connection with the hire of church facilities.


Religious organisations are also permitted to process information about your religious beliefs to administer membership or contact details.

Where your information is used other than in accordance with one of these legal bases, we will first obtain your consent to that use.

Sharing your personal data

Your personal data will be treated as strictly confidential. It will only be shared with third parties where it is necessary for the performance of our tasks or where you first give us your prior consent. It is possible that we will need to share data with some or all of the following (but only where necessary):

·         The appropriate bodies of the Church of England including the other data controllers;
·         Our agents, servants and contractors. For example, we may ask a commercial provider to send out newsletters on our behalf, or to maintain our database software;
·         Other clergy or lay persons nominated or licensed by the bishops of the Diocese of Canterbury to support the mission of the Church in our parish. For example, our clergy are supported by our area dean, lay chair and archdeacon, who may provide confidential mentoring and pastoral support. Assistant or temporary ministers, including curates, deacons, licensed lay ministers, commissioned lay ministers or persons with Bishop’s Permissions may participate in our mission in support of our regular clergy;
·         Other persons or organisations operating within the Diocese of Canterbury including but not limited to, where relevant, the Canterbury Diocesan Enterprises Ltd and Aquila (the Diocese of Canterbury Academies Trust).
·         On occasion, other churches with which we are carrying out joint events or activities.

How long do we keep your personal data?

We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is current best practice to keep financial records for a minimum period of 7 years to support HMRC audits. In general, we will endeavour to keep data only for as long as we need it. This means that we may delete it when it is no longer needed.

Your rights and your personal data 

When exercising any of the rights listed below, to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.

You have the following rights with respect to your personal data:

1.          The right to access information we hold on you
·         At any point you can contact us to request the information we hold on you as well as why we have that information, who has access to the information and where we obtained the information from.  Once we have received your request we will respond within one month.
·         There are no fees or charges for the first request but additional requests for the same data may be subject to an administrative fee.

2.          The right to correct and update the information we hold on you
·         If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.

3.          The right to have your information erased
·         If you feel that we should no longer be using your data or that we are illegally using your data, you can request that we erase the data we hold.
·         When we receive your request we will confirm whether the data has been deleted or the reason why it cannot be deleted (for example because we need it for our legitimate interests or regulatory purpose(s)).

4.          The right to object to processing of your data
·         You have the right to request that we stop processing your data. Upon receiving the request we will contact you and let you know if we are able to comply or if we have legitimate grounds to continue to process your data.  Even after you exercise your right to object, we may continue to hold your data to comply with your other rights or to bring or defend legal claims.

5.          The right to data portability
·         You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.

6.          The right to withdraw your consent to the processing at any time for any processing of data for which consent was sought.
·         You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).

7.          The right to object to the processing of personal data where applicable.

8.          The right to lodge a complaint with the Information Commissioner’s Office.


Transfer of Data Abroad

Any electronic personal data transferred to countries or territories outside the EU will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas.

Further processing

If we wish to use your personal data for a new purpose, not covered by this Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Contact Details

Please contact us if you have any questions about this Privacy Notice or the information we hold about you or to exercise all relevant rights, queries or complaints at:

The Data Controller, Malcolm Waller
Tel, 01227 275947 (Church Office)

We keep this Privacy Notice under regular review and we will place a copy and any updates on http://www.allsaintswhitstable.com/  

This Notice was last updated in May 2018.

You can contact the Information Commissioners Office on 0303 123 1113, via email or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.



ELECTORAL ROLL PRIVACY NOTICE

Who are we?

All Saints Church, Whitstable is the data controller (contact details below).  This means it decides how your personal data is processed and for what purposes. 



Why do we process your personal data?

We use the personal data you provide on the electoral roll application form to enable us to manage, maintain and publish the electoral roll in accordance with Church Representation Rules (CRR) to:

·      determine eligibility for attendance and participation at the Annual Parochial Church Meeting and for election to the Parochial Church Council deanery, diocesan and general synods where applicable;

·      calculate the number of representatives who may be elected to each of these synods in the following year;

·      undertake a review and revision of the electoral roll as necessary; and

·      publish your name and address, by exhibiting the roll in the parish church or the church website.



What is the lawful basis for processing your personal data?

1. Processing for the purpose of determining eligibility, creating the electoral roll and use of the roll to calculate numbers for election to synod is necessary for compliance with a legal obligation.  The processing is a statutory requirement imposed by the Church Representation Rules, which means that you must give us this information if you want to be included on the electoral roll.

2. Processing for the purpose of determining eligibility and creating or revising the electoral roll is carried out in the course of our legitimate activities, as this relates solely to members the Church of England in connection with its purposes. 

3. Processing for the purpose of publishing the electoral roll relates to personal data which are manifestly made public by the data subject.  When you apply to have your name added to the church electoral roll, the automatic legal consequence as stated in the CRR, (Part I Formation of the Roll 1(8) and Revision of Roll and Preparation of New Roll 2(1), 2(3) and 2(7)) is that your name and address will be published, and by submitting your application form you are making that data public.



Sharing your personal data

Your personal data will be shared within the institutional Church of England and with the general public.



How long do we keep your personal data?

We keep your personal data for 6 years after a complete review of the electoral roll.



Your rights and your personal data 

Unless subject to an exemption you have the following rights with respect to your personal data:

·      The right to request a copy of your personal data which we hold about you;

·      The right to request that we correct any personal data if it is found to be inaccurate or out of date; 

·      The right to request your personal data be erased where it is no longer necessary for us to retain such data;

·      The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request that a restriction is placed on further processing;

·      The right to object to the processing of your personal data for direct marketing and to have that processing stopped;

·      The right to lodge a complaint with the Information Commissioners Office.



Contact Details

For All Saints - Malcolm Waller (malcolm.waller@outlook.com)




You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.