The Lawful Bases Guidance Note is now available to download from TMCP’s website. Members, ministers, volunteers and employees' who handle (process) personal information must ensure that they do so lawfully. The Guidance Note will help those handling personal information (data) to understand what the lawful bases are, why they are needed, which lawful bases are appropriate in different circumstances and their responsibilities under data protection legislation.
Read the Guidance Note to find out what legal reason(s) the Church relies on when it uses (processes) personal information for different purposes and why it is not all about consent.
The Lawful Bases Guidance Note is designed to walk you through the process taken by the controllers to identify the appropriate lawful basis (or bases) to use. It is set out in two main parts:
(1) The Identifying a Lawful Basis Charts in Section B of the Guidance Note are laid out in question and answer format:
- Chart 1 sets out what requirements under the General Data Protection Regulation (GDPR) or otherwise need to be followed (depending on the type of information and your intended use for that information); and
- Chart 2 takes you through the available lawful bases to pinpoint those applicable to the particular processing activity/purpose.
(2) More detailed guidance on each of the lawful bases and special cases is set out in the eight Lawful Bases Fact Sheets in Section C of the Guidance Note:
- Lawful Bases Fact Sheet 1 – Contractual
- Lawful Bases Fact Sheet 2 – Legal Obligation
- Lawful Bases Fact Sheet 3 – Legitimate Interests
- Lawful Bases Fact Sheet 4 – Consent
- Lawful Bases Fact Sheet 5 – Vital Interests
- Lawful Bases Fact Sheet 6 – Public Task
- Lawful Bases Fact Sheet 7 – Special Category Personal Data
- Lawful Bases Fact Sheet 8 – Privacy and Electronic Communications Regulations (PECR) 2003
|Remember that you can elect to print the specific parts of the Lawful Bases Guidance Note that you want by clicking on the “print” tab and then selecting “only print expanded guidance notes” – that is the parts of the Guidance Note that you have expanded e.g. just “Fact Sheet 4 – Consent”.|
Note that the Privacy Notice (which will be available later this week) sets out the lawful bases that have been identified by the data controllers ("Controllers" under GDPR) as applicable to the general purposes for which the Church uses personal information. The Privacy Notice will set out the lawful bases identified and provide the information that must be given to individuals (data subjects) under GDPR. However, the guidelines on lawful bases for processing personal information set out in the Lawful Bases Guidance Note sit behind the Privacy Notice and help explain how the lawful bases set out in that Notice were reached as well as confirming which general heading your specific purposes fall under.
The Lawful Bases Guidance Note forms part of the suite of policies, guidelines, schedules, templates, detailed guidance and training (Data Protection Toolkit) being produced by the Data Protection Working Party (Working Party) in the run up to 25th May 2018.
If Managing Trustees have any queries then please contact TMCP (firstname.lastname@example.org) for further assistance regarding general data protection matters and the Conference Office for queries specifically relating to safeguarding or complaints and discipline matters (email@example.com).