The Data Protection Policy for the Diocese of Nottingham

1 INTRODUCTION AND BACKGROUND

1.1 The Diocese of Nottingham (the "Diocese"), as Nottingham Roman Catholic Diocesan 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2016/679 (the "GDPR") and any other relevant data protection legislation, domestic or otherwise, (as may be in force or repealed or replaced from time to time) (together the "Data Protection Rules").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, commissions and similar agencies.

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 persons.

1.3 The Diocese processes Personal Data so that it can comply with its statutory obligations and achieve its charitable objects. These are “The advancement of the Roman Catholic religion in the area of the Roman Catholic Diocese of Nottingham as determined under the laws of the Roman Catholic Church and in accordance with them” and “The advancement of any charitable purpose supported by the Roman Catholic Church in any part of the world”.

1.4 Every Data Subject has a number of rights in relation to how the Diocese processes his or her 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 and others connected with the Diocese (the “Diocesan People”) 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. Those of the Diocesan People subject to disciplinary or similar action from the Diocese may have this put into effect.

1.6 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. References to the Diocese and Diocesan therefore includes its parishes.

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

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.

3 THE DIOCESAN FINANCIAL SECRETARY AND REGISTRATION WITH THE INFORMATION COMMISSIONER’S OFFICE (“ICO”)

3.1 The Diocese has overall responsibility for compliance with the Data Protection Rules. The Diocesan Financial Secretary is responsible for ensuring day-to-day compliance with this Policy and with the Data Protection Rules. He or she will receive training and the Diocese will provide sufficient resources and support for these responsibilities to be carried out.

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 form (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 either provided with a Privacy Notice or one is to be made available and the Data Subject informed of what data is being collected;

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 (this is to be interpreted sensibly since once the data is destroyed it is most unlikely that it can be economically restored);

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 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:

(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 machine-readable 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 Diocesan People, so far as practicable, 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 (the “PECR”).

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:

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 Diocesan computer systems and not on individual PCs, portable electronic devices or removable storage media, unless those devices are subject to appropriate measures of password protection, encryption and secure deletion;

5.1.3 passwords are kept confidential, changed appropriately and 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 or similarly physically destroyed, electronic data is securely deleted, electronic storage devices including the hard disks of computers are physically destroyed;

5.1.7 Personal Data removed from an office is subject to appropriate additional 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); and

5.1.8 Personal Data sent by post is to be sent using Recorded Delivery, courier or hand delivered and electronic data is to be encrypted before being transferred electronically.

5.2 In the event that you become aware that there has been a Data Breach, you must report this immediately to the Diocesan Financial Secretary at financial.secretary@nrcdt.org.uk.

6 PRIVACY NOTICE

6.1 When any Personal Data is collected from an individual, he or she must either be provided with a Privacy Notice or advised where this is available. 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 DataExamples
Where we have an individual's consent

Posting photographs of an individual on a diocesan or parish 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
communications electronically
Where it is necessary for the performance of a contract to which an individual is partyWhere an individual enters into a hiring
agreement for one of our facilities
Where it is necessary for compliance with a legal obligationPassing 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 individualPassing 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 interestUpdating 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 DataExamples

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 obligationPassing 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 or another individual
Where it is carried out in the course of the Diocese's legitimate activities by a not-for-profit body with religious aimsUsing 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 activityWhere the processing is necessary for archiving


historical records

Maintenance of parish records


Lawful Ground for Processing of Criminal Convictions & Offences DataExamples
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 placeTo undertake appropriate checks on individuals prior to taking up a role eg DBS checks on those performing a safeguarding role
Where it is necessary for the prevention or detection of an unlawful actPassing 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 riskMaking a safeguarding disclosure
Where information is disclosed for insurance purposesEnsuring 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 claimsProviding information to our insurers or lawyers in connection with legal proceedings
Where it is necessary to protect the vital interests of an individualPassing 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 aimsCarrying out pastoral activities


7.1 DISCLOSING PERSONAL DATA

7.1.1 When receiving telephone or email enquiries, Diocesan People 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 Diocesan Financial Secretary 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, hand delivery or if electronically then encrypted) 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 Diocesan Financial Secretary 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 Diocesan Financial Secretary or person placing the contract 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. Where a formal authority is required then this is to be obtained.

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

7.4 TRANSFERS OF PERSONAL DATA OUTSIDE 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 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 knowingly store Personal Data outside the UK although data on servers may be spread across the world. However, the Diocese may transfer Personal Data outside the EEA where requested by the Data Subject, on the basis of the Data Subject's informed consent. For example a Data Subject could request that their marriage record to be sent to a non-EEA country. In some circumstances a transfer may be acceptable 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 his or her rights as set out above (e.g. the right of access to the Personal Data which the Diocese holds about them, or the right to have Personal Data erased). Any and all such requests should immediately be referred to the Diocesan Financial Secretary.

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 Diocesan Financial Secretary. Diocesan People who receive a Subject Access Request must forward it to the Diocesan Financial Secretary 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 Diocesan Financial Secretary 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 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 In the event of any such activity being undertaken, reference will be made to the guidance issued by the Information Commissioner’s Office and the principles set out therein will be adhered to.

9 MONITORING AND REVIEW

9.1 This policy will be reviewed from time to time and usually annually and may be subject to change.

10 CONTACTS

10.1 Any queries or complaints regarding data protection generally or this Policy specifically should be addressed to the Diocesan Financial Secretary, who can be contacted by email at financial.secretary@nrcdt.org.uk, by telephone on 0115 953 9800 or at the following address: Willson House, 25 Derby Road, Nottingham, NG1 5AW.

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

11 OTHER INFORMATION AND GOVERNANCE POLICIES

11.1 This Policy must be read in conjunction with other documents and statements issued by the Diocese and which are available on the diocesan website.

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.

"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.

This policy was approved by the Diocesan Trustees.