Data Protection Policy
Version Published: 7 March 2023
Data Protection Policy for the English Province of the Order of Preachers
1. Introduction and Background
1.1 The English Province of Order of Preachers (the “Province“), through its Trustees, is a Controller and consequently must process all Personal Data (including Special Categories of Personal Data) in accordance with UK data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018 (together the “Data Protection Rules“).
1.2 The Province remains the sole Controller, even where Processing is carried out by its administrative offices, priories, religious houses, parishes and chaplaincies, and Blackfriars Hall and Studium. Please be aware that parishes and chaplaincies, priories, religious houses and Blackfriars Hall and Studium form part of the Province and are not separate legal entities. Parishes, priories, religious houses and Blackfriars Hall and Studium are not therefore Controllers in their own right nor do they process Personal Data on behalf of the Province as a Processor.
1.3 The Province 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 and congregation members, donors, volunteers, friars, employees, students, contractors, suppliers and other third parties.
1.4 The Province processes Personal Data so that it can comply with its statutory obligations and achieve its charitable objects of the promotion of education and the Roman Catholic religion and the establishment and maintenance of schools, churches and priories for these purposes and the upkeep of members of the Order of Preachers through its activities.
1.5 Every Data Subject has a number of rights in relation to how the Province processes their Personal Data. The Province 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 Province will regularly review its procedures to ensure that they are adequate and up-to-date.
1.6 All friars, staff and volunteers of the Province who are involved in the Processing of Personal Data held by the Province have a duty to protect the data that they process and must comply with this Policy. The Province 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 Province or the individual responsible.
1.7 This Policy does not form part of any employee’s or other worker’s contract of employment or engagement and the Province may amend it at any time.
2. The Data Protection Principles
2.1 The Province as the Data Controller is required to comply, and to demonstrate compliance, with the six data protection principles set out in the Data Protection Rules, 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 Controller must be able to demonstrate compliance with the six principles. Accountability is vital.
3. The Province Data Protection Officer and Registration with the ICO
3.1 The Province Trustees have overall responsibility for compliance with the Data Protection Rules. However, the Province Data Protection Officer (the “DPO“) shall be responsible for ensuring day-to-day compliance with this Policy and with the Data Protection Rules. The DPO will undergo training at least once every 12 months and the Province 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 11 of this Policy.
3.2 The Province is responsible for paying to the ICO any data protection fees levied on Controllers by the Data Protection Rules.
3.3 This Policy applies to all Personal Data processed by the Province 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 Province 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 Province 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 UK (see section 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 Province (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 Province 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 friars, volunteers and employees are aware of the Province’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 Province will seek to demonstrate compliance with each of the data protection principles.
4.3 In addition, the Data Protection Rules require the 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 11 of this Policy).
5. Data Security & Responsibilities of Friars, Staff and Volunteers
5.1 The Province 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 friars, employees and volunteers must 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 the central Province computer system 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 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 Province’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 Province Data Protection Officer following the Data Breach Procedure at bursar@english.op.org. Further contact details for the DPO can be found in paragraph 11 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. A Privacy Notice provides information about what, why and how information is processed. The Province has a website privacy notice, a Fundraising and Communications privacy notice and an Employee privacy notice.
7. Processing, Disclosure and Sharing of Information
The Province processes personal data for a number of different purposes, including:
| Lawful Ground for Processing of Personal Data | Examples |
| Where we have an individual’s consent | Posting photographs of an individual on a Province 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 Province or a third party | Using baptism data to follow up with families for first communion |
| Lawful Ground for Processing of Special Categories of Data | Examples |
| Where we have an individual’s explicit consent | To cater for an individual’s dietary or medical needs at an even |
| 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 or another individual |
| Where it is carried out in the course of the Province’s legitimate activities by a not-for-profit body with religious or educational 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 | Examples (The examples below are non-exhaustive) |
| Where the Province 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 Province has an appropriate policy document in place | To undertake appropriate checks on individuals prior to taking up a role in the Province, including but not limited to staff in the safeguarding department or working with individuals who are vulnerable. For health & safety reasons and to ensure that Charity Commission procedures are complied with and to protect Province assets, especially in relation to those employees who handle money, or to comply with professional obligations. |
| Where it is necessary for the prevention or detection of an unlawful act | For example, preventing fraud, passing on information to the Police or other investigatory body, such as HM Revenue & Customs, for Tax and other financial purposes such as fraud, or for Border Control purposes.
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| Where the Province 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 including the Benefits Agency, HM Revenue & Customs, external professional and regulatory organisations. For health & safety reasons and to any other external regulatory authority.
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| Where it is carried out in the course of safeguarding children or other individuals at risk | Making a safeguarding disclosure, maintaining safety and reducing the prospect of risk. |
| Where information is disclosed for insurance purposes | Ensuring the Province has appropriate insurance cover |
| Where an individual has given their consent to the processing | For example, if it is necessary to provide information as part of an inspection or audit, or as part of a tender, or during the course of business and / or related charitable functions. |
| Where the Province is establishing, exercising or defending legal claims | Providing information to our insurers or lawyers in connection with legal proceedings, in the Courts, Tribunals or other legal proceedings. |
| Where it is necessary to protect the vital interests of an individual | Passing on information to the Police, the NHS or a carer of next of Kin if appropriate. |
| Where it is carried out in the course of the Province’s legitimate activities by a not-for-profit body with religious aims | Carrying out pastoral activities, or in accordance with delivering charitable purpose. |
7.1 Disclosing Personal Data
7.1.1 When receiving telephone or email enquiries, friars, 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 hand delivery) in accordance with the Data Protection Rules 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 friars or staff).
7.2 Data Processors
7.2.1 The Province may instruct another body or organisation to process Personal Data on its behalf as a Processor (e.g. a payroll provider, a third-party IT provider). In such situations, the Province will share necessary information with the Processor but will remain responsible for compliance with the Data Protection Rules as the Controller.
7.2.2 Personal Data will only be transferred to a third-party 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 must also be a written contract in place between the Province and the Processor, which includes provisions to ensure that the 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. If you have authority to enter into contracts, please refer to the Data Processor Contract Checklist.
7.3 Third Party Requests
7.3.1 The Province may from time to time receive requests from third parties for access to documents containing Personal Data. The Province 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 Province operations must immediately contact the DPO.
7.4 Transfers of Personal Data Outside of the UK
7.4.1 The Data Protection Rules require Controllers to put additional safeguards in place when transferring Personal Data outside of the UK (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 Province does not store Personal Data outside of the UK. However, the Province may transfer Personal Data outside of the UK 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 record to be sent to a country outside the UK. 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 (e.g. the right of access to the Personal Data which the Province holds about them, or the right to have Personal Data erased). Any and all such requests should immediately be referred to the DPO.
7.5.2 A Subject Access Request may be made in writing (including requests made via email or on social media) or verbally, and must provide enough information to enable the Province 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. Friars, 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 the request is received by the Province).
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 Province considers a request to be manifestly unfounded, excessive or repetitive, the Province 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 Province 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 every 12 months 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 Province Data Protection Officer, Rev David Goodill OP, who can be contacted by email at provincial.bursar@english.op.org, by telephone 01865 288 231 or at the following address:
Blackfriars, St Giles, Oxford, OX1 3LY.
10.2 Further advice and information can be obtained from the Information Commissioner’s Office at ico.org.uk
11 Other Information Governance Policies
11.1 This Policy must be read in conjunction with the policies below and any other relevant procedural or employment policy:
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
12 Glossary
“Controller” means a person, organisation or body that determines the purposes for which, and the manner in which, any Personal Data is processed. A Controller is responsible for complying with data protection laws including the GDPR and establishing practices and policies in line with them.
“Processor” means any person, organisation or body that Processes personal data on behalf of and on the instruction of the Province. Processors have a duty to protect the information they process by following data protection laws.
“Data Subject” means a living individual about whom the Province 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 Province holds about them.
“Personal Data” means any information relating to an identified or identifiable living individual. 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.