Background
On 25th May 2018, the General Data Protection Regulation (EU Regulation 2016/679) came into force. It confers upon charities the obligation to be explicit about their retention of personal information and, under normal circumstances, prohibits charities from holding and using individuals’ personal information without their explicit and freely-given consent.
Individual rights under the GDPR
The Regulation confirms the following rights for individuals:
- The right to be informed.
- The right of access.
- The right to rectification.
- The right to erasure.
- The right not to be subject to automated decision-making, including profiling.
Tayside 4×4 Response and personal information of members
Tayside 4x4Response, SC042452, is a charity registered in Scotland. It collects and stores the personal information of its members. For this purpose, ‘members’ as a category includes (a) those individuals who have a current paid-up membership of Tayside 4×4 Response; (b) individuals who have previously been members of Tayside 4×4 Response in the past seven years but are not current members; (c) those who have previously held office in Tayside 4×4 Response eg secretary.
‘Personal information’ means the member’s name, address, date of birth, email addresses, telephone numbers, licence details, vehicle details and documents, occupation, skills and relevant qualifications, amateur radio callsign, and next of kin information supplied by the member, and the type of membership held.
Collection of information
The information is collected through completed membership forms or through the provision of the same information in an equivalent written form or communicated verbally to members of Tayside 4×4 Response (eg at a group meeting or event), and / or through any additional correspondence between individuals and Tayside 4×4 Response members.
Storage of information
Members’ personal information is held and stored by the trustees on behalf of Tayside 4×4 Response. Some information will be held by other members of Tayside 4×4 Response when it is relevant to the execution of Tayside 4×4 Response operations. Copies of correspondence including emails will also be retained, usually by the Tayside 4×4 Response member contacted, and Tayside 4×4 Response members may also share correspondence when the need arises in the execution of Tayside 4×4 Response activities.
Use of information
The personal information of members will be used to (a) maintain the integrity of the membership / callout list (b) inform members of upcoming Tayside 4×4 Response events and make other announcements of direct relevance to Tayside 4×4 Response activities (c) make other notifications to members where the trustees of Tayside 4×4 Response deem it necessary either in the interests of individual members or to the wellbeing of the organisation (d) maintain accurate records relating to the financial and other activities of Tayside 4×4 Response.
Tayside 4×4 Response communication with members
Communications with members will normally be by email and mobile phone, where an email address and mobile phone number have been provided. Requests for communication by other channels will be honoured wherever reasonably practicable.
Members’ statement of consent
Members are asked to provide Tayside 4×4 Response with an unambiguous statement of consent for the use and storage of their personal information as here described. Consent thus granted will be considered to expire after a period of ten years, although consent may be withdrawn at any time by a member who wishes to do so by communicating their intention to the Secretary of Tayside 4×4 Response. Please note that the granting of consent is a condition of membership of Tayside 4×4 Response and that failure to give consent, or subsequent withdrawal of that consent, constitutes resignation of Tayside 4×4 Response membership.
Membership control of personal information
Members have the right to ask at any time for a copy to be provided to them of the personal information that Tayside 4×4 Response holds for them, and they have the right to correct this information. The Secretary will comply with any member request for rectification or deletion of or access to personal data of this kind within one calendar month.
Protection of information from third parties
Tayside 4×4 Response will not share members’ personal data with third parties except (a) with User Services under the terms of an MOU; (b) with the independent examiner of the charity accounts / reports making a request for information that is directly relevant to the prudent exercise of that role and office (c) a list of delegates attending a Tayside 4×4 Response supported event is requested by the staff of an institution or venue hosting that event is made on security or safety grounds (d) in the event of Tayside 4×4 Response being in receipt of a court order or warrant to cooperate with an official investigation by the Police or a like body.
Questions and complaints
Complaints or queries about data handling or breaches of privacy should be directed in the first instance to the Secretary of Tayside 4×4 Response.