GDPR and the ELECTORAL ROLL
We have had advice from the Exeter Diocese stating that:-
We are aware that GDPR has raised some concerns regarding the renewal of the Electoral Roll. As the law currently stands, there is no need to amend the electoral roll forms, consent is not required. An informative note explaining the legal bases will be added to the forms in due course but the legal position is not dependent on this note.
The Church of England’s GDPR Team have produced guidance to clarify these issues (link below). They have also produced an electoral roll Privacy Notice which explains the GDPR issues for those individuals applying to the electoral roll. You should publish this on your website and/or give it to people who request an application form.
To assist those who are concerned the Privacy Notice is as follows
ELECTORAL ROLL PRIVACY NOTICE
Who are we?
St Andrew’s Church, Feniton Parochial Church Council is the data controller (contact details below). This means it decides how your personal data is processed and for what purposes.
Why do we process your personal data?
We use the personal data you provide on the electoral roll application form to enable us to manage, maintain and publish the electoral roll in accordance with Church Representation Rules (CRR) to:
- determine eligibility for attendance and participation at the Annual Parochial Church Meeting and for election to the Parochial Church Council, deanery, diocesan and general synods where applicable;
- calculate the number of representatives who may be elected to each of these synods in the following year;
- undertake a review and revision of the electoral roll as necessary; and
- publish your name and address, by exhibiting the roll in the parish church or the church website.
What is the lawful basis for processing your personal data?
- Processing for the purpose of determining eligibility, creating the electoral roll and use of the roll to calculate numbers for election to synod is necessary for compliance with a legal obligation. The processing is a statutory requirement imposed by the Church Representation Rules, which means that you must give us this information if you want to be included on the electoral roll.
- Processing for the purpose of determining eligibility and creating or revising the electoral roll is carried out in the course of our legitimate activities, as this relates solely to members the Church of England in connection with its purposes.
- Processing for the purpose of publishing the electoral roll relates to personal data which are manifestly made public by the data subject. When you apply to have your name added to the church electoral roll, the automatic legal consequence as stated in the CRR, (Part I Formation of the Roll 1(8) and Revision of Roll and Preparation of New Roll 2(1), 2(3) and 2(7)) is that your name and address will be published, and by submitting your application form you are making that data public.
Sharing your personal data
Your personal data will be shared within the institutional Church of England and with the general public.
How long do we keep your personal data?
We keep your personal data for 6 years after a complete review of the electoral roll.
Your rights and your personal data
Unless subject to an exemption you have the following rights with respect to your personal data:
- The right to request a copy of your personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data be erased where it is no longer necessary for us to retain such data;
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request that a restriction is placed on further processing;
- The right to object to the processing of your personal data for direct marketing and to have that processing stopped;
- The right to lodge a complaint with the Information Commissioners Office.
Rev D Carrington
You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
To seek further information or advice please follow the links to:-