1. Overview

1.1 Definitions

Personal data is information about a person which is identifiable as being about them. It can be stored electronically or on paper and includes images and audio recordings as well as written information.

Data protection is about how we, as an organisation, ensure we protect the rights and privacy of individuals, and comply with the law, when collecting, storing, using, amending, sharing, destroying or deleting personal data.

1.2 Introduction

In order to operate, Berkhamsted Choral Society (BCS) needs to keep personal data about its committee, members, volunteers and supporters in order to carry out group activities.

Individuals who may be impacted by this include choir members, employees, contractors, suppliers, volunteers and audience members.

This policy explains how this data should be collected, stored and used in order to meet BCS data protection standards and comply with the General Data Protection Regulations (GDPR).

1.3 Why is this policy important?

This policy ensures that BCS:

• Protects the rights of our members, employees, contractors, suppliers, volunteers and supporters
• Complies with data protection law and follows good practice

Protect the group from the risks of a data breach

2. Roles and responsibilities

2.1 Who and what does this policy apply to?

Overall and final responsibility for data protection lies with the BCS committee, who are responsible for overseeing activities and ensuring this policy is upheld.

This policy applies to all those handling data on behalf of BCS e.g:

• Committee members
• Employees and volunteers
• Members
• Contractors/3^rd-party suppliers

It applies to all data that BCS holds relating to individuals, including:

• Names
• Email addresses
• Postal addresses
• Phone numbers
• Any other personal information held (e.g. financial)

2.2 Roles and responsibilities

The BCS committee is the Data Controller and determines what data is collected and how it is used. The Data Protection Officer for BCS is the membership secretary. Together with the committee, the Data Protection Officer is responsible for the secure, fair and transparent collection and use of data by BCS. 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 BCS has a responsibility to ensure that they adhere to this policy.

BCS uses a third party Data Processor (Mail Chimp) to process data on its behalf. BCS will ensure all Data Processors are compliant with GDPR.

3. Data protection principles

a)   We fairly and lawfully process personal data in a transparent way

BCS only collects data where lawful and where it is necessary for the legitimate purposes of the group.

• A member’s name and contact details are collected when they first join the group and is used to contact the member regarding group membership administration and activities. Other data may also subsequently be collected in relation to their membership, including eligibility for Gift Aid and subscription payment history.
• The name and contact details of employees and contractors are collected when they take up a position and is 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 (eg in order to process payment to the person).
• An individual’s name and contact details are collected when they make a booking for an event. This is used to contact them about their booking and to allow them entry to the event.
• 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 BCS to communicate with them about and promote group activities. See ‘How we get consent’ below.

b) We only collect and use personal data for specific, explicit and legitimate purposes and only use the data for those specified purposes.

When collecting data, BCS always provide a clear and specific privacy statement explaining to the subject why the data is required and what it is used for.

c) We ensure any data collected is relevant and not excessive

BCS do 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

BCS ask members, volunteers and staff to check and update their data on a regular basis.  Any individual is able to update their data at any point by contacting the Data Protection Officer.

e) We ensure data is not kept longer than necessary

BCS 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 is reviewed in line with the BCS 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 is deleted within a reasonable period.  

f) We keep personal data secure

BCS ensures that data held by us is kept secure.

• Electronically-held data is held within a password-protected and secure environment
• Passwords for electronic data files are 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) are stored in a secure place.
• Access to data is only be given to relevant trustees/committee members/contractors where it is clearly necessary for the running of the group.

g) Transfer to countries outside the EEA

BCS does not transfer data to countries outside the European Economic Area (EEA), unless the country has adequate protection for the individual’s data privacy rights.

4. Individual Rights

When BCS collects, holds and uses an individual’s personal data that individual has the following the rights over that data. BCS ensures its data processes comply with those rights and makes all reasonable efforts to fulfil requests from an individual in relation to those rights.

4.1 Individual’s rights

• Right to be informed: whenever BCS collects data it provides a clear and specific privacy statement explaining why it is being collected and how it is used.

• Right of access: individuals can request to see the data BCS holds on them and confirmation of how it is being used. Requests should be made in writing to the Data Protection Officer and are 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. BCS request that members, staff and contractors check and update their data on a regular basis. Any requests for data to be updated are processed within one month.

• Right to object: individuals can object to their data being used for a particular purpose. BCS always provide a way for an individual to withdraw consent in all marketing communications. Where we receive a request to stop using data we 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. BCS’s Data Retention Policy ensures 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 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, BCS restrict the data while it is verified).
• Though unlikely to apply to the data processed by BCS, we also ensure that rights related to portability and automated decision making (including profiling) are complied with where appropriate.

5. Member-to-member contact

We only share members’ data with other members with the subject’s prior consent

As a membership organisation BCS encourages communication between members.

To facilitate this:

• Members can request the personal contact data of other members in writing via the Data Protection Officer or Membership Secretary. These details are given, as long as they are for the purposes of contacting the subject e.g. an email address and the subject has consented to their data being shared with other members in this way.

6. How we get consent

BCS may collect data from consenting supporters for marketing purposes from time to time. This includes contacting them to promote performances, updating them about group news, fundraising and other group activities.

Any time data is collected for this purpose, we 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 BCS to send you email updates with details about our forthcoming events, fundraising activities and opportunities to get involved’)

Data collected is only ever used in the way described and consented to (e.g. we do not use email data in order to market 3rd-party products unless this has been explicitly consented to).

Every marketing communication contains a method through which a recipient can withdraw their consent (e.g. an ‘unsubscribe’ link in an email). Opt-out requests such as this are processed within 14 days.

7. Data Breaches

BCS takes any breach of data seriously. A data breach could be the 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 BCS members, staff, volunteers 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 BCS
• Unauthorised disclosure of data – e.g. BCS passing data to a third party where we do not have a lawful basis to do so.

BCS acknowledges that a data breach can occur through both action and inaction on the part of the Data Controller or Processor.

7.1 How we prevent Data breaches

BCS has the following safeguards to ensure against possible data breaches:

• Data is stored on secure systems with access controlled by passwords
• Passwords are updated on a regular basis, including as soon as an individual’s role within, or relationship to, BCS changes.
• Automatic, and manual processes ensure mass communications are only sent in line with mailing preferences.

7.2 If a Data breach occurs

If anyone associated with BCS thinks a data breach has occurred, then it should be reported to the Data Protection Officer immediately.

The Data Protection Officer and committee work with relevant individuals to investigate the potential breach. The response plan includes 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:
• Ensure all trustees are informed
• Report the breach to the ICO. This is 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.
• 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:
• 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 the BCS committee at the next 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.

---

Data Retention Policy

1. Overview

1.1 Introduction

This policy sets out how Berkhamsted Choral Society (‘BCS’) approach data retention and establishes processes to ensure we do not hold data for longer than is necessary.

It forms part of the BCS Data Protection Policy. 

1.2 Roles and responsibilities

BCS is the Data Controller and determines what data is collected, retained and how it is used. The Data Protection Officer for BCS is Isobel Marsh. They, together with the committee are responsible for the secure and fair retention and use of data by BCS. Any questions relating to data retention or use of data should be directed to the Data Protection Officer.

2. Regular Data Review

A regular review of all data takes place to establish if BCS still has good reason to keep and use the data held at the time of the review.

As a general rule a data review is held every 2 years and no more than 27 calendar months after the last review. The first review will take place by 31^st March 2025.

2.1 Data to be reviewed

• BCS stores data on digital documents (e.g. spreadsheets) stored on personal devices held by committee members.
• Data stored on third party online services e.g. Google Drive, Mail Chimp
• Physical data stored at the homes of committee members

2.2 Who is the review conducted by

The review is conducted by the Data Protection Officer with other committee members to be decided on at the time of the review.

2.3 How data is deleted

• Physical data is destroyed safely and securely.
• All reasonable and practical efforts are made to remove data stored digitally.
  • Priority is 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.

2.4 Criteria

The following criteria is used to make a decision about what data to keep and what to delete.

Question	Action
	Yes	No
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

2.5 Statutory Requirements

Data stored by BCS 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)
• Committee meeting minutes
• Contracts and agreements with employees and suppliers
• Insurance details
• Employment records

3. Other data retention procedures

3.1 Member data

• When a member leaves BCS and all administrative tasks relating to their membership have been completed, any potentially sensitive data held on them is deleted
• Unless consent has been given data is removed from all email mailing lists
• All other data is stored safely and securely and reviewed as part of the next two year review

3.2 Mailing list data

• If an individual opts out of a mailing list their data is removed as soon as is practically possible.
• All other data is stored safely and securely and reviewed as part of the next two year review

3.3 Volunteer and employee data

• When a volunteer or employee stops working with BCS and all administrative tasks relating to their work have been completed, any potentially sensitive data held on them is deleted – this might include bank details
• Unless consent has been given data is removed from all email mailing lists
• All other data is stored safely and securely and reviewed as part of the next two year review

3.4 Other data

All other data is included in a regular two-year review.

 This policy is due for review in February 2027.