Data protection and retention policy
In order to operate, Arun Choral Society (ACS) needs to gather, store and use certain forms of information about individuals, eg. members, paid staff, contractors, 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 ACS data protection standards and comply with the General Data Protection Regulations (GDPR).
Why is this policy important?
This policy ensures that ACS:
- Protects the rights of our members, volunteers and supporters
- Complies with data protection law and follows good practice
- Protect the group from the risks of a data breach
Roles and responsibilities
The Committee of ACS is the Data Controller and will determine what data is collected and how it is used. The members of the Committee are responsible for the secure, fair and transparent collection and use of data by ACS. Any questions relating to the collection or use of data should be directed to the Secretary of ACS for the time being.
If and when ACS uses third party Data Processors to process data on its behalf, ACS will ensure as far as practicable that all Data Processors are compliant with GDPR.
Data protection principles
a) We fairly and lawfully process personal data in a transparent way
ACS will only collect data where lawful and where it is necessary for the legitimate purposes of the group.
A member’s name and contact details 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 an individual’s voice part, category of membership, dates of joining and leaving, position or role held within ACS, rehearsal and concert attendance records and seating arrangements, requests to hire and purchase music and payments to ACS for subscriptions, music etc.
Lawful basis for processing this data: Legitimate interest (the processing is necessary for the group administration of ACS)
A member’s name, voice part and membership category may be published in the programme for a concert performed by ACS.
Lawful basis for publishing a member’s name, voice part and membership category in the programme for a concert performed by ACS: Consent (the individual will have given their consent when confirming their intention to perform at the concert)
A member’s role or position held within ACS, together with a contact number and email address in connection with that role or position, may be published on the ACS’s website and in the programme for a concert performed by ACS.
Lawful basis for publishing a member’s role or position held within ACS, together with a contact number and email address in connection with that role or position: Legitimate interest (the publication is necessary for the group administration of ACS)
Photographs and video footage of members, paid staff, patrons and volunteers may be taken and published on ACS’s website and in printed material
- Lawful basis for publishing photographs and videos of members, paid staff, patrons and volunteers without specific identification: Legitimate interest (the publication is necessary for the better promotion of ACS’s activities)
- Lawful basis for publishing photographs and videos of paid staff in which the individuals are identified by name: Contract (the publication of such photographs is fair and reasonable in relation to the individual’s role with ACS and in accordance with her/his contract of engagement)
The name and contact details of volunteers, paid staff 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.
Lawful basis for processing this data: Legitimate interest (the processing is necessary for the group administration of ACS).
An individual’s name and contact details will be collected when they agree to become an honorary officer of ACS and their name and the office held may be published on the ACS’s website and in the programme for a concert performed by ACS.
Lawful basis for processing this data and publishing the name and office held: Legitimate interest (the collection and use of data is necessary for the group administration of ACS and the publication is necessary for the promotion of ACS and its activities)
An individual’s name and contact details will be collected when they agree to become a patron of ACS
- Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to ACS completing tasks expected as part of the agreement)
- Lawful basis for publishing a patron’s name in the programme for a concert performed by ACS: Consent (the individual will have given their consent when paying their subscription)
An individual’s name and contact details will be retained for use on subsequent occasions when they are invited by or on behalf of the Chairman of ACS to attend an event by reason of that individual’s position or office or other connection.
Lawful basis for processing this data: Legitimate interest (the processing of the data is convenient and necessary for the administration and conduct of ACS’s business)
An individual’s name and contact details will be collected when they make a booking for an event. This will be used to contact them about their booking and to allow them entry to the event.
Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to ACS completing tasks expected as part of the booking).
An individual’s name and other personal details may be collected and stored when the individual performs as a soloist at a concert performed by ACS and the individual’s name and photograph may be published in the programme for the concert together with such other personal details as the individual provides to ACS for the purposes of publicity. Such details may be retained indefinitely for archive purposes but not (apart from the details so published) shared with any other person or organisation without the individual’s express consent
Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to the performance by the individual and ACS of the terms of the performance contract)
b) 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, ACS 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.
c) We ensure any data collected is relevant and not excessive
- ACS will not collect or store more data than the minimum information required for its intended purpose.
d) We ensure data is accurate and up-to-date
- ACS will ask members, volunteers and staff to check and update their data on a regular basis. Any individual will be able to update their data at any point by contacting the Membership Secretary.
e) We ensure data is not kept longer than necessary
- ACS 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 ACS’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.
f) We keep personal data secure
ACS will ensure that data held 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 will be held in secure storage
- When an individual with holding physically-held data leaves their role/position the data should immediately be passed to the successor in that role, or to the Secretary of ACS, and placed and held in secure storage
- Access to data will only be given to relevant trustees/committee members/contractors where it is necessary for the running of the group.
- The Secretary of the Society will keep a central record of the data held by ACS, where and how it is kept and who processes and/or has access to the data
When ACS collects, holds and uses an individual’s personal data that individual has the following the rights over that data. ACS will take all reasonable steps to ensure that 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 ACS 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 ACS holds on them and confirmation of how it is being used. Requests should be made in writing to the Secretary of ACS 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. 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 a request is received to stop using data ACS will comply unless ACS has a lawful reason to use the data for legitimate interests or contractual obligation.
- Right to erasure: individuals can request that any data held on them be deleted and withdraw any consent they have given for the use of their data. ACS’s data retention policy will ensure data is not held for longer than is reasonably necessary in relation to the purpose for which it was originally collected. If a request for deletion is made ACS will comply unless ACS has a lawful reason to use the data for legitimate interests or contractual obligation or 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.
ACS will not share data it holds in respect of an individual, save as provided for in this policy statement or with the individual’s express consent.
ACS will not retain data for longer than is necessary.
Regular data review
A regular review of all data will take place to establish if ACS 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 2 years and no more than 27 calendar months after the last review. The first review will take place before 1 September 2018.
Data to be reviewed
ACS stores data as follows:
- In digital documents stored on personal devices held by members of the Committee and other members of ACS holding certain roles
- On third party online services
- In paper documents stored at the homes of committee members
Who will the review be conducted by
The review will be conducted by the Secretary of ACS with other members of the Committee and of ACS 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.
- 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 there is reason to keep 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 ACS 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
Deletion of personal data
- When an individual ceases membership of ACS or as paid staff, patron, honorary officer or volunteer ceases their connection with ACS and all administrative tasks relating to their membership or connection have been completed, any potentially sensitive data held on them will be deleted
- 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 two year review
- Policy first adopted by Committee on: 16 May 2018
- Most recently reviewed by Committee on: 27 Jun 2018