Data Protection Policy
- Policy prepared by: Mara O’Reilly
- Approved by Board/committee on: 15/08/2022
- Next review date: 15/08/2024
In order to operate, needs to gather, store and use certain forms of information about individuals.
These can include members, employees, contractors, suppliers, volunteers, audiences and potential audiences, business contacts and other people the group has a relationship with or regularly needs to contact.
This policy explains how this data should be collected, stored and used in order to meet Music in Fermanagh data protection standards and comply with the General Data Protection Regulations (GDPR).
Why is this policy important?This policy ensures that Music in Fermanagh:
- Protects the rights of our members, volunteers and supporters
- Complies with data protection law and follows good practice
- Protect the group from the risks of a data breach
Roles and Responsibilities
Who and what does this policy apply to?
This applies to all those handling data on behalf of Music in Fermanagh e.g.:
- Committee members
- Employees and volunteers
- Contractors/3rd-party suppliers
- Email addresses
- Postal addresses
- Phone numbers
- Any other personal information held (e.g., financial)
Music in Fermanagh is the Data Controller and will determine what data is collected and how it is used. The Data Protection Officer for Music in Fermanagh is Fiona Plunket. They, together with the committee, are responsible for the secure, fair and transparent collection and use of data by Music in Fermanagh. 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 Music in Fermanagh has a responsibility to ensure that they adhere to this policy.
Music in Fermanagh uses third party Data Processors (e.g. Shopify Email) to process data on its behalf. Music in Fermanagh will ensure all Data Processors are compliant with GDPR.
a) We fairly and lawfully process personal data in a transparent way
Music in Fermanagh will only collect data where lawful and where it is necessary for the legitimate purposes of the group.
- A member’s [name and contact details] will be collected when they first join the group, and will be used to contact the member regarding group membership administration and activities. Other data may also subsequently be collected in relation to their membership, including their payment history for ‘subs’. Where possible Music in Fermanagh will anonymise this data
- Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to Music in Fermanagh completing tasks expected as part of the individual’s membership).
- The name and contact details of volunteers, employees and contractors 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 Music in Fermanagh completing tasks expected as part of working with the individuals),
- An individual’s name and contact details will be collected when they make a booking for an event. This will be used to contact them about their booking and to allow them entry to the event.
- Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to Music in Fermanagh completing tasks expected as part of the booking),
- 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 Music in Fermanagh to communicate with them about and promote group activities. See ‘How we get consent’ below.
- Lawful basis for processing this data: Consent (see ‘How we get consent’)
- Pseudonymous or anonymous data (including behavioural, technological and geographical/regional) on an individual may be collected via tracking ‘cookies’ when they access our website or interact with our emails, in order for us to monitor and improve our effectiveness on these channels. See ‘Cookies on the Music in Fermanagh website’ 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, Music in Fermanagh will always provide a clear and specific privacy statement explaining to the subject why the data is required and what it will be used for.
c) We ensure any data collected is relevant and not excessive
Music in Fermanagh will not collect or store more data than the minimum information required for its intended purpose.
E.g., we need to collect telephone numbers from members in order to be able to contact them about group administration, but data on their marital status or sexuality will not be collected, since it is unnecessary and excessive for the purposes of group administration.
d) We ensure data is accurate and up-to-date
Music in Fermanagh will ask members, volunteers and staff 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
Music in Fermanagh 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 Music in Fermanagh 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 will be deleted within a reasonable period.
f) We keep personal data secure
Music in Fermanagh will ensure that data held by us is kept secure.
- Electronically-held data will be held within a password-protected and secure environment
- Passwords for electronic data files will be 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) will be stored in a locked cupboard
- Keys for locks securing physical data files should be collected by the Data Protection Officer from any individual with access if they leave their role/position. The codes on combination locks should be changed each time an individual with data access leaves their role/position
Access to data will only be given to relevant committee members where it is clearly necessary for the running of the group. The Data Protection Officer will decide in what situations this is applicable and will keep a master list of who has access to data.
g) Transfer to countries outside the EEA
Music in Fermanagh will not transfer data to countries outside the European Economic Area (EEA), unless the country has adequate protection for the individual’s data privacy rights.
When Music in Fermanagh collects, holds and uses an individual’s personal data that individual has the following the rights over that data. Music in Fermanagh will ensure its data processes comply with those rights and will make all reasonable efforts to fulfil requests from an individual in relation to those rights.
- Right to be informed: whenever Music in Fermanagh 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 Music in Fermanagh 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. Music in Fermanagh will request that members, staff and contractors 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. Music in Fermanagh will always provide a way for an individual to withdraw consent in all marketing communications. Where we receive a request to stop using data we will 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. Music in Fermanagh data retention policy will ensure 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 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, Music in Fermanagh will restrict the data while it is verified).
Though unlikely to apply to the data processed by Music in Fermanagh, we will also ensure that rights related to portability and automated decision making (including profiling) are complied with where appropriate.
Member to member contact
We only share members’ data with other members with the subject’s prior consent.
As a membership organisation Music in Fermanagh 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 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) and the subject has consented to their data being shared with other members in this way.
How we get consent
Music in Fermanagh will regularly collect data from consenting supporters for marketing purposes. 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 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 Music in Fermanagh to send you email updates with details about our forthcoming events, fundraising activities 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 in order to market 3rd-party products unless this has been explicitly consented to).
Every marketing communication will contain a method through which a recipient can withdraw their consent (e.g. an ‘unsubscribe’ link in an email). Opt-out requests such as this will be processed within 14 days.
Music in Fermanagh 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 Music in Fermanagh 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 Music in Fermanagh
- Unauthorised disclosure of data – e.g. Music in Fermanagh passing data to a third party where we do not have a lawful basis to do so.
Music in Fermanagh acknowledges that a data breach can occur through both action and inaction on the part of the Data Controller or Processor.
How we prevent Data breaches
Music in Fermanagh has the following safeguards to ensure against possible data breaches:
- Data is stored on secure systems with access controlled by passwords
- Automatic, and manual, processes ensure passwords are updated on a regular basis, including as soon as an individual’s role within, or relationship to, Music in Fermanagh changes.
- Automatic, and manual, processes ensure mass communications are only sent in line with mailing preferences.
If a Data breaches occurs
If anyone associated with Music in Fermanagh thinks a data breach has occurred, then it should be reported to the Data Protection officer/committee immediately.
The Data protection officer/committee will work with relevant individuals to investigate the potential breach. The response plan will include 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 will:
- Ensure all trustees are informed
- Report the breach to the ICO. This will be 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 and OSCR.
- 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 will:
- 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 Board of Trustees at the next planed full board 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.
Cookies on the Music in Fermanagh website (musicinfermanagh.com)
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions.
We will implement a pop-up box musicinfermanagh.com that will activate each new time a user visits the website. This will allow them to click to consent (or not) to continuing with cookies enabled, or to ignore the message and continue browsing (i.e. give their implied consent).