Carlisle and District Music and Drama Festival Data Protection Policy

This policy was approved by the committee of the "Carlisle & District Music & Drama Festival" (hereafter called: CDMDF) on June 7th, 2018. The new review date will be June 6th, 2019 (annual review).

INTRODUCTION

In order to operate the CDMDF needs to gather, store and use names, email addresses, phone numbers and postal addresses of "participants, entrants, volunteers, supporters, contributors" (hereafter called: data subjects). The information will be used to contact data subjects with information regarding the Festival and Festival-related activities only.

WHY A POLICY IS NEEDED

This policy protects the data subjects involved in the CDMDF. The policy complies with General Data Protection Regulation May 2018 (hereafter called: GDPR) and follows good practice. The policy protects the CDMDF from the risks of a data breach.

WHO AND WHAT DOES THE POLICY APPLY TO

This applies to the volunteers/committee members handling data on behalf of the CDMDF. The policy applies to all data the CDMDF holds about individuals, including:

  • Names
  • Email addresses
  • Postal addresses
  • Phone numbers
  • Payment details

ROLES AND RESPONSIBILITIES

The CDMDF is the Data Controller and will determine what data is collected and how it is used. The Data Protection Officer for the CDMDF is Mrs Pamela Harris. They, together with the committee, are responsible for the secure, fair and transparent collection and use of data by the CDMDF. Any questions relating to the use of data should be directed to the Data Protection Officer.

Everyone who has access to data as part of the CDMDF has a responsibility to ensure they adhere to this policy.

The CDMDF uses Google Drive and MailChimp to process data on its behalf. They will ensure all Data Processors are compliant with GDPR.

DATA PROTECTION PRINCIPLES

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

The CDMDF will only collect data where lawful and where it is necessary for the legitimate purposes of the organisation.

  • A data subject's name and contact details will be collected when they enter to take part in the Festival and will be used to contact the data subject regarding participation administration. Other data may also subsequently be collected in relation to participation in the Festival, including their payment history. Data related to participation in the Festival will only be held for the duration of that one Festival and will be deleted/destroyed after the AGM following the Festival.
    * Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to the CDMDF completing tasks expected of data subject's participation in/contribution to a Festival).
  • The name and contact details of committee members and volunteers will be collected when they take up a position and will be used to contact them regarding group administration related to their role. Further information, including personal financial information and criminal records information, may also be collected in specific circumstances where lawful and necessary (in order to process payment to the person or in order to carry out a DBS check).
    * Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to the CDMDF completing tasks expected of data subject's participation in/contribution to a Festival).
  • An individual's name, contact details and other details may be collected at any time, with their consent, in order for the CDMDF to communicate with them about and promote the Festival and Festival-related activities. See 'How we get consent' below.
    * Lawful basis for processing this data: Consent (see 'How we get consent').

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

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

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

The CDMDF will not collect or store more data than the minimum information required for its intended purposes.

E.g. we need to collect telephone numbers from data subjects in order to be able to contact them about Festival administration, but data on their marital status or sexuality will not be collected, since it is unnecessary and excessive for the purposes of Festival administration.

d.    We ensure data is accurate and up-to-date.

The CDMDF will ask data subjects to check and update their data on an annual basis. Any individual will be able to update their data at any point by contacting the Data Protection Officer.

e.    We ensure data is not kept longer than necessary.

The CDMDF will keep records for no longer than is necessary in order to meet the intended use for which it was gathered (unless there is a legal requirement to keep records).

The storage and intended use of data will be reviewed in line with the CDMDF Data Retention Policy (as described elsewhere in this policy). When the intended use is no longer applicable the data will be deleted within a reasonable period.

f.     We keep personal data secure.

The CDMDF will ensure that data held by us are kept secure.

  • Electroically-held data will be held within a password-protected and secure environment.
  • Physically-held data (e.g. entry forms and volunteer registration forms) will be stored in a locked cupboard.
  • Access to data will only be given to relevant trustees/committee members/contractors where it is clearly necessary for the running of a Festival. The Data Protection Officer will decide in what situations this is applicable and will keep a master list of who has access to data.

INDIVIDUAL RIGHTS

When the CDMDF collects, holds and uses an individual's personal data that individual has the following rights over that data. The CDMDF will ensure its data processes comply with those rights and will make all reasonable effort to fulfil requests from an individual in relation to those rights.

Individual's rights

  • Right to be informed: Whenever the CDMDF collects data it will provide a clear and specific privacy statement explaining why it is being collected and how it will be used.
  • Right of access: Individuals can request to see the data the CDMDF holds on them and confirmation of how it is being used. Requests should be made in writing to the Data Protection Officer and will be complied with free of charge and within one month. Where requests are complex or numerous this may be extended to two months.
  • Right to rectification: Individuals can request that their data be updated where it is inaccurate or incomplete. The CDMDF will request that data subjects check and update their data on an annual basis. Any requests for data to be updated will be processed within one month.
  • Right to object: Individuals can object to their data being used for a particular purpose. The CDMDF will always provide a way for an individual to withdraw consent. When a request to stop using data is received, it will be complied with unless there is 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. The CDMDF data retention policy will ensure data is not held for longer than is reasonably necessary in relation to the purpose it was originally collected for. If a request for deletion is made the CDMDF will 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, the CDMDF will restrict the data while it is verified). Though unlikely to apply to the data processed by the CDMDF, we will also ensure that rights related to portability and automated decision making (including profiling) are complied with where appropriate.

MEMBER TO MEMBER CONTACT

The CDMDF only share data subjects' data with other data subjects (or: committee members) with the subject's prior consent, and then only when it is for purposes directly related to the Festival. To facilitate this:

  • Data subjects can request the personal contact data of other data subjects in writing via the Data Protection Officer. These details will be given, as long as they are for the purposes of contacting the subject (e.g. an email address, not financial or health data), the subject has consented to their data being shared with CDMDF committee members in this way, and then only when it is for purposes directly related to the Festival.

HOW WE GET CONSENT

The CDMDF will regularly collect data from consenting supporters for marketing purposes. This includes contacting them to promote performances and updating them with news about the Festival and Festival-related activities.

Any time data is collected for this purpose, we will 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 the CDMDF to send you email updates with details about our forthcoming events and opportunities to get involved')

Data collected will only ever be used in the way described and consented to, e.g. we will not use email data to market third-party products.

COOKIES ON THE CDMDF WEBSITE

The CDMDF website only uses so-called "analytic cookies", which can be deleted or blocked by the user.  Most web and mobile device browsers automatically accept cookies but if the user prefers, they can change their browser to prevent that or to notify them each time a cookie is set.  It is up to the user to decide whether to block or delete cookies. However, by blocking or deleting cookies they may not be able to use all options and/or take full advantage of the website.

DATA RETENTION POLICY

Overview

This policy sets out how the CDMFD will approach data retention and establishes processes to ensure the CDMDF do not hold data for longer than is necessary. It forms part of the CDMDF Data Protection Policy. 

Roles and responsibilities

The CDMDF is the Data Controller and will determine what data is collected, retained and how it is used. The Data Protection Officer for the CDMDF is Mrs Pamela Harris. They, together with the committee, are responsible for the secure and fair retention and use of data by the CDMDF. Any questions relating to data retention or use of data should be directed to the Data Protection Officer.

Regular Data Review

A regular review of all data will take place to establish if the CDMDF still has good reason to keep and use the data held at the time of the review. As a general rule, a data review will be held every year and no more than 14 calendar months after the last review. The first review took place on the 25th May 2018, and the next will take place of the 1st October 2018, and then every year after that on the 1st October.

Data to be reviewed

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

Who the review will be conducted by

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

How data will be deleted

  • Physical data will be destroyed safely and securely, including shredding.
  • All reasonable and practical efforts will be made to remove data stored digitally.
    • Priority will be given to any instances where data is stored in active lists (e.g. where it could be used) and to sensitive data.
    • Where deleting the data would mean deleting other data that the CDMDF may have valid lawful reasons to keep (e.g. old emails) then the data may be retained safely and securely, but not used.

Criteria

The following criteria will be 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 CDMDF have reason to keep the data under other criteria
Is the data accurate? Continue to use Ask the data subject to confirm/update details
Where appropriate, do CDMDF 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

Statutory Requirements

Data store by the CDMDF may be retained based on 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 suppliers/customers
  • Insurance details

Other Data Retention Procedures

Volunteers

  • When a volunteer leaves the CDMDF and all administrative tasks relating to their role have been completed, any potentially sensitive data held on them will be deleted.
  • Unless consent has been given, data will be removed from all email mailing lists.
  • All other data will be stored safely and securely and reviewed as part of the next yearly review.

Mailing list data

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

Entrants and participants

  • All information provided online or in writing for the purpose of taking part in a Festival will be stored safely and securely for administrative and organisational purposes from the moment of entry until the CDMDF AGM after the Festival.
  • All information held solely for the purpose of participating in a Festival will be removed, destroyed or deleted immediately after the CDMDF AGM after that year's Festival.

Other data

  • All other data will be included in a regular yearly review.