1) Definitions
- Personal data is information about a person which is identifiable as being about them. It can be stored electronically or on paper, and includes images and audio recordings as well as written information.
- Data protection is about how we, as an organisation, ensure we protect the rights and privacy of individuals, and comply with the law, when collecting, storing, using, amending, sharing, destroying or deleting personal data.
2) Responsibility
- Overall and final responsibility for data protection lies with the committee, who are responsible for overseeing activities and ensuring this policy is upheld.
- All committee members, ordinary members and the factor are responsible for observing this policy, and related procedures, in all areas of their work for the group.
3) Overall policy statement
- Sinclair Development Residents Association needs to keep personal data about its committee and ordinary members (owners) in order to carry out group activities.
- We will collect, store, use, amend, share, destroy or delete personal data only in ways which protect people’s privacy and comply with the UK General Data Protection Regulation (GDPR) and other relevant legislation.
- We will only collect, store and use the minimum amount of data that we need for clear purposes, and will not collect, store or use data we do not need.
- We will only collect, store and use data :
- For purposes for which the individual has given explicit consent, or
- For purposes that are in our group’s legitimate interests, or
- For contracts with the individual whose data it is, or
- To comply with legal obligations, or
- To protect someone’s life, or
- To perform public tasks.
- We will provide individuals with details of the data we have about them when requested by the relevant individual.
- We will delete data if requested by the relevant individual, unless we need to keep it for legal reasons.
- We will endeavour to keep personal data up-to-date and accurate.
- We will store personal data securely.
- We will keep clear records of the purposes of collecting and holding specific data, to ensure it is only used for these purposes.
- We will not share personal data with third parties without the explicit consent of the relevant individual, unless legally required to do so.
- We may share personal data with regards to our members with our appointed factor to support the enforcement of members legal obligation to all other members under the terms of the developments deed of condition.
- We will endeavour not to have data breaches. In the event of a data breach, we will endeavour to rectify the breach by getting any lost or shared data back. We will evaluate our processes and understand how to avoid it happening again. Serious data breaches which may risk someone’s personal rights or freedoms will be reported to the Information Commissioner’s Office within 72 hours, and to the individual concerned.
- To uphold this policy, we will maintain a set of data protection procedures for our committee to follow.
4) Review
This policy will be reviewed every two years
Date…………4/3/2023……………..
Signature (Chair)…………Neil Raphael…………………………………….
Signature (Secretary)………Carmel Connolly..……………………………
Sinclair Development Residents Association Data Protection Procedures
1) Introduction
- Sinclair Development Residents Association has a data protection policy which is reviewed regularly. In order to help us uphold the policy, we have created the following procedures which outline ways in which we collect, store, use, amend, share, destroy and delete personal data.
- These procedures cover the main, regular ways we collect and use personal data. We may from time to time collect and use data in ways not covered here. In these cases we will ensure our Data Protection Policy is upheld.
2) General procedures
- Data will be stored securely. When it is stored electronically, it will be kept in password protected files. When it is stored online in a third party website (e.g. Google Drive) we will ensure the third party comply with the UK GDPR. When it is stored on paper it will be filed carefully in a locked filing cabinet.
- When we no longer need data, or when someone has asked for their data to be deleted, it will be deleted securely. We will ensure that data is permanently deleted from computers, and that paper data is shredded.
- We will keep records of consent given for us to collect, use and store data. These records will be stored securely.
3) Mailing list
- We will maintain a mailing list. This will include the names and contact details of people who currently own properties in the Sinclair Development Residents Association.
- The list will only be used to contact owners with respect to matters pertaining to their legal obligations as owners, as detailed in the deed of condition. Members will be removed from the list when the committee is informed that they no longer own a property in the development. We will ask members to give separate consent to receive messages for any other purpose, and will only send them messages which they have expressly consented to receive.
- We will not use the mailing list in any way that the individuals on it have not explicitly consented to other than to support the legal obligations on all owners in the deep of condition.
- We will provide information about how to be removed from the list with every mailing.
5) Contacting Members (Owners)
- We will maintain a list of contact details of our Residents Association Members who by definition own flats or town houses within the Sinclair Development and are subject to the deed of condition.
- The personal contact details of owners may also be shared with the appointed factor to support the legal obligation of the owners under the terms of the deed of condition.
- Members will be removed from the list when they or the factor inform the committee they no longer own a property on the development.
- When contacting people on this list, we will provide a privacy notice which explains why we have their information, what we are using it for, how long we will keep it, and that they can ask to have it deleted or amended at any time by contacting us.
- To allow owners issues to be address it is sometimes necessary to share owners contact details with other owners. We will only do this with explicit consent.
6) Sharing information with the factor
- All emails sent to committee@sinclairresidents.onmicrosoft.com may be viewed by all members of the committee including the factor.
- All emails sent to CommitteeOnly@SinclairResidents.onmicrosoft.com can only be viewed by members of the committee excluding the factor.
- The committee will share personal data with the factor to enable member’s issues to be resolved, to enable work to be executed and to enable the factor to execute their duties as detailed in the deed of condition.
- The committee will never share data with the factor if an individual member explicitly asks us not to in their communications with the committee. The committee may make a further request to allow the data to be shared, if the committee believes this would be the best way to resolve the issue expressed. The owner’s view will always be respected by the committee.
7) Development Surveys
- From time to time the committee may issues surveys with the aim of gauging the thoughts and views of the wider owner community on issues that affect the common parts of the development and common parts of the building with regards to our obligations as co-owners as defined in the deed of condition.
- The personal contact details obtained in any survey will be used to update the owner mailing list. These details will also be shared with the appointed factor to enable the enforcement of owner’s obligations under the deed of conditions.
- The personal data obtained from the survey will be visible to all the committee members and the appointed factor.
- The results of the survey will be published on the public development website in an aggregated and anonymous form. The data published on the website will not identify any individual owner or dwelling.
- The data from surveys may be retained by the committee for up to 10 years to allow comparisons of results from year to year.
8) Voting & Attendance Records from AGMs & Other Meetings of Members
- The committee will retain a record of each vote held at the AGMs or other meetings of members. This record will include both votes in person and proxy votes.
- The committee will retain a record of members in attendance at the AGMs or other meetings of members. The purpose of this record is to ensure any meeting is quorate as defined in the deed of condition.
- The record of voting will record the name of the member, the members properties address, whether the vote was in person or by proxy and the vote recorded for each motion. It will also record the date, time and place the meeting was held.
- The record of attendance will record the members name, the properties they own and the date, time and place of the meeting.
- The voting and attendance record will be retained by the committee for the period that motions pass at a meeting are enforce.
- The voting record and attendance will not be publicly published
- Any member has the right to contact the committee and request sight of the voting and attendance records for the sole purpose of verify the meeting, voting process and motion passed by the meeting, where executed correctly as defined in the deed of condition.
9) Contacting committee members
- The committee need to be in contact with one another in order to run the organisation effectively.
- Committee contact details will be shared among the committee.
- Committee members will not share each other’s contact details with anyone outside of the committee, or use them for anything other than Sinclair Development Residents Association business, without explicit consent.
9) Review
These procedures will be reviewed every two years
Date……4/03/2023………………………………..
Signature (Chair)…………Neil Raphael…………………………………….
Signature (Secretary)………Carmel Connolly..……………………………
Page updated February 2023