Guidance

Waiver application privacy notice

Published 23 May 2018

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This publication is available at https://www.gov.uk/government/publications/automatic-disqualification-waiver-application-privacy-notice/waiver-application-privacy-notice

This privacy notice explains how the Charity Commission processes your personal data when an application is made to waive automatic disqualification in accordance with Section 181 of the Charities Act 2011 (‘an Application’).

It is supplemented by our main privacy notice which provides further information and sets out some of your rights and entitlements in respect of that personal data.

Personal information we collect for waiver decisions

When you apply for a waiver from automatic disqualification we ask for:

  • identity details
  • contact details
  • details of the charitable organisation you want to be involved with and your desired role within it
  • the reason you are disqualified and the circumstances surrounding that reason

Why we need the information and what happens if you do not provide it

We need your identity and contact details so that we can:

  • contact you about your application if we have any queries about the information you provide
  • notify you of our decision on your waiver application

We need information about the organisation you wish to be involved with, the reason for your disqualification and the circumstances surrounding. This is so we can make a fair and reasonable decision on whether to grant a waiver under s.181 of the Charities Act 2011.

If you do not provide the information we need, we will not be able to process your application.

If the information you provide is insufficiently detailed, or if you do not respond to a request for further information, this may mean we cannot grant a waiver.

How we will process your personal data

Information will be transferred from the online waiver form into the Charity Commission’s internal case management system.

The information will then be reviewed and we will use the information to make a decision on your application for a waiver from disqualification. Decisions will be made in accordance with the criteria in our waiver decisions guide and in accordance with charity law.

Personal data will be held securely and routine access to the information will only be available to staff within the Charity

Commission who are responsible for making decisions on waivers from disqualification.

How long we will hold your personal data for

All information is held in line with the Charity Commission’s retention policy. These retention periods are in line with the length of time we need to keep your personal information in order to manage applications for waivers.

Also taking into account our regulatory obligations it is worth noting that the requirement for retaining personal data will vary on a case by case basis.

Sharing of personal data

We may share your personal data:

  • where it is necessary in order to further our statutory objectives or functions
  • with other government departments, public authorities and regulators
  • in response to requests for information, for example pursuant to the Freedom of Information Act, the Environmental Information Regulations, or our common law powers of disclosure
  • with third party processors and service providers
  • to a court, tribunal, party or prospective party where the disclosure is necessary in order to exercise, establish or defend a legal claim
  • where we are ordered to by a court or tribunal or where we are otherwise required to do so by law

To make a fair and reasonable decision on whether to grant a waiver under s.181 of the Charities Act 2011, we may share personal data with the trustees of the charity or charities, for example to determine whether the trustees have assessed, and can manage any risk to the charity and its assets in making or maintaining your appointment. For example, where the disqualification reason relates to financial matters, the trustees may wish to support a waiver application, subject to them deciding that you will not be in a Treasurer/Chair/Finance Director position at the charity and that you will not have access to the charity’s bank accounts.

You can find out more information about data sharing and further processing in our main privacy notice.

The table sets out the legal basis on which we process this information when considering an application.

We may further process your data for a compatible purpose, and more information is available in our main privacy notice.

Your rights

You have a number of rights under the General Data Protection Regulation, including the right to access your data and the right to restrict or object to further processing and the right to complain to the Information Commissioner’s Office (ICO). You can find out more about your rights as a data subject, and details of how to contact the ICO, in our main privacy notice.

Waiver form usage

We use Google Analytics software to collect information about how you use the waiver form. We do this to help us make improvements to the user experience of completing the form.

Further information on the cookies collected by Google Analytics is available in our main privacy notice

Waiver form feedback

When you provide feedback through our waiver form, we use a site called SmartSurvey to collect it. We do not collect any personal or identifiable information when you provide feedback. You can view the SmartSurvey privacy notice on their website.

If you provide anonymous feedback it will only be used to help us improve our services.

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