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Privacy Policy

DATA PROTECTION POLICY FOR THE DIOCESE OF SALFORD
Agreed by: Diocesan Trustees
Release date: 23rd May 2018
Review date: May 2019


1 INTRODUCTION AND BACKGROUND


1.1 The Diocese of Salford (the "Diocese"), through its Trustees, is a Data Controller and
consequently must process all Personal Data (including Special Categories of Personal Data)
about Data Subjects in accordance with the General Data Protection Regulation 2016/679 (the
"GDPR") and any other relevant data protection legislation, domestic or otherwise, (as may be
in force or repealed or replaced from time to time) (together the "Data Protection Rules"). For
the avoidance of doubt, the Diocese remains the sole Data Controller, even where Processing is
carried out by its curial offices, parishes, departments and agencies. Please be aware that
parishes form part of the Diocese and are not separate legal entities. Parishes are not Data
Controllers nor do they process Personal Data on behalf of the Diocese as a Data Processor.


1.2 The Diocese will collect, store, use and otherwise process Personal Data about the people with
whom it interacts, who are the Data Subjects. This may include parishioners, volunteers, clergy,
employees, contractors, suppliers and other third parties.


1.3 The Diocese processes Personal Data so that it can comply with its statutory obligations and
achieve its charitable objects of advancing and maintaining the Roman Catholic religion through
the operation of its parishes and its other activities.


1.4 Every Data Subject has a number of rights in relation to how the Diocese processes their Personal
Data. The Diocese is committed to ensuring that it processes Personal Data properly and securely
in accordance with the Data Protection Rules, as such commitment constitutes good governance
and is important for achieving and maintaining the trust and confidence of Data Subjects.
Therefore, the Diocese will regularly review its procedures to ensure that they are adequate and
up-to-date.


1.5 All clergy, staff and volunteers of the Diocese who are involved in the Processing of Personal Data
held by the Diocese have a duty to protect the data that they process and must comply with this
Policy. The Diocese will take any failure to comply with this Policy or the Data Protection Rules
very seriously. Any such failure may result in legal action being taken against the Diocese or the
individual responsible.


2 THE DATA PROTECTION PRINCIPLES


2.1 The Diocese as the Data Controller is required to comply, and to demonstrate compliance, with
the six data protection principles set out in the GDPR, which provide that Personal Data must be:


2.1.1 processed fairly, lawfully and in a transparent manner;


2.1.2 collected for specified, explicit and legitimate purposes and not further processed for
other purposes incompatible with those purposes;


2.1.3 adequate, relevant and limited to what is necessary in relation to the purposes for
which it is processed;


2.1.4 accurate and, where necessary, kept up to date – every reasonable step must be taken
to ensure that inaccurate personal data is erased or rectified without delay;


2.1.5 kept in a form that permits identification of Data Subjects for no longer than is
necessary for the purposes for which the personal data is processed; and
Data Protection Policy for the Diocese of Salford


2.1.6 processed in a way that ensures its security, including protection against unauthorised
or unlawful processing and against accidental loss, destruction or damage, using
appropriate technical or organisational security measures.


2.2 There is also an overarching principle; the Data Controller must be able to demonstrate
compliance with the six principles. Accountability is vital.


3 THE DIOCESAN DATA PROTECTION OFFICER AND REGISTRATION WITH THE ICO


3.1 The Diocesan Trustees have overall responsibility for compliance with the Data Protection Rules.
However, the Diocesan Data Protection Officer (the “DPO”) shall be responsible for ensuring dayto-
day compliance with this Policy and with the Data Protection Rules. The DPO will undergo
training at least once every 12 months and the Diocese will provide the DPO with sufficient
resources and support to carry out their responsibilities. The DPO's name and contact details
can be found in paragraph 10 of this Policy.


3.2 The Diocese is responsible for paying to the ICO any data protection fees levied on Data
Controllers by the Data Protection Rules.


3.3 This Policy applies to all Personal Data processed by the Diocese in whatever format (e.g. paper,
electronic, film) and regardless of how it is stored (e.g. electronically or in filing cabinets). It also
includes information that is in paper form but is intended to be put into electronic form and to
any recordings made such as telephone recordings and CCTV.


4 HOW THE DIOCESE WILL COMPLY AND DEMONSTRATE COMPLIANCE


4.1 This Policy is intended to ensure that any Processing of Personal Data is in accordance with the
Data Protection Rules and the data protection principles. The Diocese will therefore:


4.1.1 ensure that, when personal information is collected (whether direct from the
individual or from a third party), the Data Subject is provided with a Privacy Notice and
informed of what data is being collected and for what legitimate purpose(s);


4.1.2 be transparent and fair in processing Personal Data;


4.1.3 take steps to ensure the accuracy of data at the point of collection and at regular
intervals thereafter, including advising Data Subjects of their right to ask for
rectification of Personal Data held about them;


4.1.4 securely dispose of inaccurate or out-of-date data, or data which is no longer required
for the purpose(s) for which it was collected;


4.1.5 share information with others only when it is lawful to do so and ensure that individuals
are informed of the categories of recipient to whom data will or may be disclosed and
the purposes of any such disclosures;


4.1.6 ensure that additional safeguards (as required by the Data Protection Rules) are in
place to protect Personal Data that is transferred outside of the European Economic
Area (the "EEA") (see section 7.4 of this Policy);


4.1.7 ensure that data is processed in line with the Data Subject’s rights, which include the
right to:
Data Protection Policy for the Diocese of Salford

 


(a) request access to Personal Data held about them by the Diocese (including,
in some cases, having it provided to them in a commonly used and machinereadable
format);


(b) have inaccurate Personal Data rectified;


(c) have the processing of their Personal Data restricted in certain
circumstances;


(d) have Personal Data erased in certain specified situations (in essence where
the continued processing of it does not comply with the Data Protection
Rules);


(e) prevent the processing of Personal Data for direct-marketing purposes
(which includes for fundraising and wealth screening purposes);


(f) ask the Diocese to prevent Processing of Personal Data which is likely to
cause unwarranted or substantial damage or distress to the Data Subject or
any other individual; and


(g) prevent, in some cases, decisions being made about them which are based
solely on automated processing (i.e. without human intervention) and which
produce significant or legal effects on them;


4.1.8 ensure that all clergy, volunteers and employees are aware of the Diocese’s data
protection policies and procedures and their own responsibilities in terms of data
protection, and understand that failure to comply may result in disciplinary sanctions
in the event of non-adherence or breach; and


4.1.9 adopt, monitor and keep under review, a data retention schedule which sets out the
periods for which different categories of Personal Data will be kept.


4.2 Through adherence to this Policy and related data protection policies, and through appropriate
record-keeping, the Diocese will seek to demonstrate compliance with each of the data
protection principles.


4.3 In addition, the Data Protection Rules require the Data Controller to carry out a Data Protection
Impact Assessment (a "DPIA") prior to undertaking any Processing of Personal Data that is "likely
to result in a high risk for the rights and freedoms" of individuals. DPIAs will therefore be
considered where appropriate in relation to the implementation of any new projects, services or
systems which could result in a high privacy risk to individuals (particularly where new technology
is being deployed) and will consider other regulation relevant to data protection, such as the
Privacy and Electronic Communications Regulations. Please contact the DPO for guidance (see
paragraph 10 of this Policy).


5 DATA SECURITY & RESPONSIBILITIES OF CLERGY, STAFF AND VOLUNTEERS


5.1 The Diocese shall ensure that appropriate technical and organisational security measures are in
place to prevent unauthorised or unlawful Processing or damage to or loss (accidental or
otherwise), theft, or unauthorised disclosure of Personal Data (a "Data Breach"). In particular,
all clergy, employees and volunteers should ensure that:
Data Protection Policy for the Diocese of Salford


5.1.1 the only individuals who have access to Personal Data and are able to process it are
those who are authorised to do so;


5.1.2 personal Data is stored only on the central Diocesan computer system and not on
individual PCs, portable electronic devices or removable storage media, unless those
devices are compliant with the diocesan Bring Your Own Device “BYOD” Policy OR are
subject to appropriate measures of password protection, encryption and remote
deletion;


5.1.3 passwords are kept confidential, are changed regularly and are not shared between
individuals;


5.1.4 PCs are locked or logged off and paper documents are securely locked away when
individuals are away from their desks;


5.1.5 offices, desks and filing cabinets/cupboards are kept locked if they contain Personal
Data of any kind, whether in digital or electronic format or on paper;
5.1.6 when destroying Personal Data, paper documents are securely shredded and
electronic data is securely deleted; and


5.1.7 Personal Data removed from an office is subject to appropriate security measures,
including keeping paper files in a place where they are not visible or accessible by the
public; using passwords/passcodes; encrypting portable electronic devices and storing
such devices securely (e.g. not left in the boot of a car overnight).
Further detail on the Diocese's requirements in relation to IT security are set out in the Computer
Usage Policy.


5.2 In the event that you become aware that there has been a Data Breach, you must report this
immediately to the DPO following the Data Breach Procedure at dpo@dioceseofsalford.org.uk.
Further contact details for the DPO can be found in paragraph 10 of this Policy.


6 PRIVACY NOTICE


6.1 When any Personal Data is collected from an individual, they must be provided with a Privacy
Notice. The Privacy Notice provides information about what, why and how information is
processed.


7 PROCESSING, DISCLOSURE AND SHARING OF INFORMATION

The Diocese processes personal data for a number of different purposes, including:

 

 

Lawful ground for processing of personal data

 

Example

Where we have an individual's consent

Posting photographs of an individual on a
diocesan website;
Where an individual signs a list at the back of
church to confirm being able to assist at a
parish event;
Sending individuals marketing or fundraising
communication by email or SMS

Where it is necessary for the performance of a contract to which an individual is
party

Where an individual enters into a hiring
agreement for one of our facilities

Where it is necessary for compliance with a legal obligation

Passing on information to a local authority or
the Charity Commission;
Passing Gift Aid information to HMRC

Where it is necessary to protect the vital interests of an individual

Passing on information to the Police;
Passing on information about an individual's
serious health condition to the NHS or a
health professional where there is a risk of
death or serious injury to that person or
another individual

Where it is necessary for performance of a task in the public interest

Updating and maintaining the register of
marriages

Where is it necessary for the purposes of the legitimate interests pursued by the Diocese or a third party

Using baptism data to follow up with families
for first communion

Lawful Ground for Processing of Special Categories of Data

 

Where we have an individual's explicit consent

To cater for an individual’s dietary or medical
needs at an event

Where it is necessary for compliance with a legal obligation

Passing on information to the local authority

Where it is necessary to protect the vital interests of an individual

Passing on information to the Police;
Passing on information about an individual's
serious health condition to the NHS or a
health professional where there is a risk of
death or serious injury to that person of another individual

Where it is carried out in the course of the Diocese's legitimate activities by a not for profit body with religious aims

Using parishioners' health related data for
pastoral visits;
Carrying out a parish census

Where information has manifestly been made public

Referring to a public figure who is well known
as a member of the church, as a Catholic

Where we are establishing, exercising or defending legal claims

Providing information to our insurers or
lawyers in connection with legal proceedings

Where the processing is for reasons of substantial public interest

Where steps are taken to prevent fraud or
other dishonest activity

Where the processing is necessary for archiving historical records

Maintenance of parish records

Lawful Ground for Processing of Criminal Convictions & Offences Data

 

Where the Diocese is exercising obligations or rights which are imposed or conferred by law on it or the data subject
in connection with employment, social security or social protection and the Diocese has an appropriate policy
document in place

To undertake appropriate checks on
individuals prior to taking up a role

Where it is necessary for the prevention or detection of an unlawful act

Passing on information to the Police or other
investigatory body

Where the Diocese is complying with or assisting others to comply with regulatory requirements relating to unlawful acts or dishonesty

Passing on information to the Police or other
investigatory body

Where it is carried out in the course of safeguarding children or other individuals
at risk

Making a safeguarding disclosure

Where information is disclosed for insurance purposes

Ensuring the Diocese has appropriate
insurance cover

Where an individual has given their consent to the processing             

 

Where the Diocese is establishing, exercising or defending legal claims

Providing information to our insurers or
lawyers in connection with legal proceedings

Where it is necessary to protect the vital interests of an individual

Passing on information to the Police

Where it is carried out in the course of the Diocese's
legitimate activities by a not-for profit
body with religious aim

Carrying out pastoral activities

 


7.1 DISCLOSING PERSONAL DATA


7.1.1 When receiving telephone or email enquiries, clergy, employees and volunteers should
exercise caution before disclosing any Personal Data. The following steps should be
followed:


(a) ensure the identity of the person making the enquiry is verified and check
whether they are entitled to receive the requested information;


(b) require the enquirer to put their request in writing so that their identity and
entitlement to receive the information can be verified if the information is
particularly sensitive and/or you are not confident the person is entitled to
the information;


(c) if there is any doubt, refer the request to the DPO for assistance (particularly
where Special Categories of Personal Data are involved); and


(d) when providing information, ensure that Personal Data is securely packaged
and sent by the most appropriate means (e.g. special delivery, courier or
Data Protection Policy for the Diocese of Salford hand delivery) in accordance with the Data
Protection Rules, the Privacy Notice and this Policy.

7.1.2 Please remember that parents and guardians are only entitled to access information
about their child if the child is unable to act on their own behalf (e.g. because the child
is not mature enough to understand their rights) or if the child has given their consent.
If you are unsure about whether or not to provide information about a child to a parent
or guardian, please speak to the DPO before providing any information. Children from
12 years upwards are generally to be taken as being capable of understanding their
rights and making decision regarding their own information. However, consideration
of the particular circumstances and the child's capacity must be given in each
circumstance.


7.1.3 Please also remember that individuals are only entitled to obtain information about
themselves and not any other third parties (e.g. a family member, other parishioner or
member of clergy or staff).


7.2 DATA PROCESSORS


7.2.1 The Diocese may instruct another body or organisation to process Personal Data on its
behalf as a Data Processor (e.g. a payroll provider, a third party IT provider). In such
situations, the Diocese will share necessary information with the Data Processor, but
will remain responsible for compliance with the Data Protection Rules as the Data
Controller.


7.2.2 Personal Data will only be transferred to a third party Data Processor if the DPO is
satisfied that the third party has in place adequate policies and procedures to ensure
compliance with the Data Protection Rules. There should also be a written contract in
place between the Diocese and the Data Processor, which includes provisions to
ensure that the Data Processor complies with the requirements of the Data Protection
Rules and undertakings as to the inception and maintenance of appropriate measures
of protection as well as insurance cover.


7.3 THIRD PARTY REQUESTS


7.3.1 The Diocese may from time to time receive requests from third parties for access to
documents containing Personal Data. The Diocese may disclose such documents to any
third party where it is legally required or permitted to do so. Such third parties may
include health professionals, the Police and other law enforcement agencies, the
Charity Commission, HMRC, other regulators, immigration authorities, insurers, local
authorities (e.g. Trading Standards), Courts and Tribunals or organisations seeking
references.


7.3.2 Anyone in receipt of any verbal or written request from any person for access to, or
disclosure of, any Personal Data outside of normal Diocesan operations must
immediately contact the DPO.


7.4 TRANSFERS OF PERSONAL DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA (“EEA”)


7.4.1 The Data Protection Rules require Data Controllers to put additional safeguards in
place when transferring Personal Data outside of the EEA (e.g. to the Vatican, dicastery
or appellate tribunal exercising canonical jurisdiction) . Additionally, such transfers can
only take place on a number of legal grounds. The Diocese does not store Personal
Data outside of the UK. However, the Diocese may transfer Personal Data outside of
Data Protection Policy for the Diocese of Salford
the EEA where requested by the Data Subject, on the basis of the Data Subject's
informed consent. This includes, but is not limited to, the situation where a Data
Subject requires their marriage papers or notification of marriage to be sent to a non-
EEA country. The DPO may also authorise transfers where another legal ground in the
Data Protection Rules is met.


7.5 SUBJECT ACCESS REQUESTS (SARS)


7.5.1 Any Data Subject may exercise their rights as set out above. Any and all such requests
should immediately be referred to the DPO.


7.5.2 To be valid, a Subject Access Request must be made in writing (including requests made
via email or on social media) and provide enough information to enable the Diocese to
identify the Data Subject and to comply with the request.


7.5.3 All Subject Access Requests will be dealt with by the DPO. Clergy, employees or
volunteers who receive a Subject Access Request must forward it to the DPO
immediately in order that such requests can be replied to within the strict deadlines
set out in the Data Protection Rules (generally one month from the date of the
request).


7.5.4 No fees will be charged for dealing with Subject Access Requests unless a request is
considered to be manifestly unfounded, excessive or repetitive. Fees may be charged
to provide additional copies of information previously provided. Where the Diocese
considers a request to be manifestly unfounded, excessive or repetitive, the Diocese
may lawfully refuse to respond and, if so, the DPO will inform the Data Subject of this
in writing within the one-month period.


8 FUNDRAISING AND MARKETING


8.1 ‘Direct Marketing’ includes all advertising and promotional activities, including promoting the
aims and ideals of not-for-profit organisations.


8.2 Any use of Personal Data for marketing (including fundraising) purposes must comply with the
Data Protection Rules and the Privacy and Electronic Communications Regulations (EC Directive)
2003 ("PECR") (and any replacement legislation), which relate to marketing by electronic means.


8.3 Individuals have a right to object to their Personal Data being used for electronic marketing
purposes. Individuals must be informed of their right to object when their data is collected. If an
objection is received, no further marketing or fundraising communications must be sent to them.


8.4 The PECR requires that the Diocese has the prior consent of recipients in certain circumstances
before it sends any unsolicited electronic messages for the purpose of fundraising, or other
marketing activities (e.g. events).


8.5 For more information, see the Diocese's Fundraising and Marketing Policy.


9 MONITORING AND REVIEW


9.1 This policy will be reviewed every 12 months and may be subject to change.
Data Protection Policy for the Diocese of Salford

10 CONTACTS


10.1 Any queries or complaints regarding data protection generally or this Policy specifically should
be addressed to the diocesan Data Protection Officer, who can be contacted by email
dpo@dioceseofsalford.org.uk, by telephone 0161 817 2222 or at the following address:


Cathedral Centre
3 Ford Street
Salford
M3 6DP


10.2 Further advice and information can be obtained from the Information Commissioner’s Office at
www.ico.org.uk


11 OTHER INFORMATION GOVERNANCE POLICIES


11.1 This Policy must be read in conjunction with:


11.1.1 Privacy Statement

11.1.2 Data Retention Schedule

11.1.3 Whistleblowing Policy

11.1.4 Safeguarding Policies

11.1.5 All employment related policies, e.g. disciplinary, grievance, sickness absence and
recruitment and selection

11.1.6 Complaints Policy

11.1.7 Fundraising and Marketing Policy

11.1.8 Computer Usage Policy

11.1.9 BYOD Policy

12 GLOSSARY


"Data Controller" means a person, organisation or body that determines the purposes for
which, and the manner in which, any Personal Data is processed. A Data Controller is
responsible for complying with data protection laws including the GDPR and establishing
practices and policies in line with them.

"Data Processor" means any person, organisation or body that Processes personal data on
behalf of and on the instruction of the Diocese. Data Processors have a duty to protect the
information they process by following data protection laws.

"Data Subject" means a living individual about whom the Diocese processes Personal Data and
who can be identified from the Personal Data. A Data Subject need not be a UK national or
resident. All Data Subjects have legal rights in relation to their Personal Data and the
information that the Diocese holds about them.
Data Protection Policy for the Diocese of Salford

"Personal Data" means any information relating to a living individual who can be identified
from that information or in conjunction with other information which is in, or is likely to come
into, the Diocese’s possession. Personal Data can be factual (such as a name, address or date of
birth) or it can be an opinion (e.g. a performance appraisal). It can even include a simple email
address. A mere mention of someone's name in a document does not necessarily constitute
Personal Data, but personal details such as someone's contact details or salary (if it enabled an
individual to be identified) would fall within the definition.

"Processing" means any activity that involves use of Personal Data. It includes obtaining,
recording or holding the information or carrying out any operation or set of operations on it,
including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing
also includes transferring or disclosing Personal Data to third parties.

"Special Categories of Personal Data" (previously called sensitive personal data) means
information about a person’s racial or ethnic origin, political opinions, religious or similar
beliefs, trade union membership, physical or mental health or condition or sexuality. It also
includes genetic and biometric data. Special Categories of Personal Data can only be processed
under strict conditions and such processing will usually, although not always, require the
explicit consent of the Data Subject.