Registration:  Presbytery’s Registration with the Information Commissioner is on behalf of itself and all Churches in the area.  It is of necessity generic, but should include the main elements of what almost all congregations want.  If any congregation wants to hold data outwith this Registration, they should register separately and the Office of the Information Commissioner will be happy to advise them.

Scope:  Congregations within Presbytery are reminded that data protection legislation covers all forms of records, not just computer records.  Most manual records are covered by the legislation including notebooks, roll books and the like.  This effectively makes any suggestion of making lists of those who hold data impossible, and Presbytery relies on Kirk Sessions to ensure that they comply with that legislation.

Types of data:   Presbytery should be aware that there are two types of data – ordinary data and sensitive data.  The latter includes physical and mental health information, criminal records, sexual life, political opinions, racial or ethnic origin and religious beliefs and there are important conditions on holding sensitive data.  Access must be restricted to appropriate persons only and data must be destroyed when it is no longer relevant to the use for which it was obtained, or up to date.  This is an important point for ministers and elders.

Right of Access:  Data subjects (members of congregations, for example) have a right to see what information is held on them and in most cases nothing can legally be held back.  This includes opinions as well as factual information.