Data Gathering & Consent

Last Updated: 1st March 2024

Always use a Fair Processing Notice

When collecting data for the Liberal Democrats, the single most important thing to remember is that there should always be a Fair Processing Notice (FPN) on all literature, publications and websites that collect data. This should become as much of a default for the party as the Imprint / Impression on our literature.

We should always take the latest version of Fair Processing Notices from this page.

There are different Fair Processing Notices that cover the following scenarios:

• Non-verbal material, so any printed on or online publications
• Telephone Calls
• Face to face / Doorstep data collection
• Alternatives to the above, when offering a service where there is an exchange of money, other than donations.

In addition, there is wording for when consent is required to gather data.

Collecting Data

As outlined above, the main thing to do when collecting data is to provide a Fair Processing Notice. This informs the individual about how we will handle their data, points them back to our main Privacy Notice and gives them our contact details.

As outlined above, the correct Fair Processing Notice needs to be used when collecting data

DOORSTEP AND FACE TO FACE DATA COLLECTION

As outlined above, when collecting data on the door step or face to face, for example, for canvassing, knock up, street stall or casework, a Fair Processing Notice must be provided.

We recommend a calling card or leaflet, that includes your local campaigning messages and also includes the appropriate Fair Processing Notice.

This leaflet should always be handed over as part of the doorstep or face to face conversation. If the leaflet is not provided, then the data cannot be recorded and used.

Consent and When it is Required

Whilst many assume that UK GDPR is primarily about consent, the reality is that there are many legal reasons we can collect data. The Party has identified lawful bases for handling the vast majority of data we collect without consent. See below for further details.

There are only a few scenarios where we need to get explicit consent for collecting and using data. These are:

• Email addresses for the purpose of direct marketing
• Telephone numbers for the purpose of marketing phone calls, where registered with TPS
• Mobile phone numbers for the purpose of marketing phone calls or future contact for volunteering/campaign activities
• Special Category data

Under the Privacy and Electronic Communication Regulation (PECR), we need to have consent for marketing via email. We can campaign and communicate by physical mail without consent. And we can also campaign and communicate by telephone calls, but only if we honour Telephone Preference Services (TPS) registration. We can gather telephone consent that overrides TPS registration.

The definition of marketing covers all forms of campaigning and promotion activity the Party carries out, and consent should always be obtained when collecting this information. Email addresses and phone numbers gathered during the processing of casework, cannot then be used for further campaign direct marketing unless explicit consent has been given.

Consent under UK GDPR must be:

• Consent must be for a specific purpose, e.g. email marketing, using special category data for assistance at conference or for diversity monitoring. It cannot be a blanket consent to use the data for any purpose that is not specified at the time consent was given. Consent cannot be inferred; the individual must make an active decision to provide consent. This means that we cannot use a pre-ticked check box, or just require the individual to opt out if they are not happy. The wording of any check box must be positive, i.e. tick here if we can contact you, rather than tick here if you do not want to be contacted.
• Consent cannot be linked to any other service. For example, voters must be able to sign a petition and not provide consent for email marketing. In fact when signing a petition, asking for email marketing must be a separate request.
• Again, we cannot assume a blanket permission. As a Party we will provide granularity in terms of method of contact, so email marketing can be narrowed down to contact from local / regional / state parties, AOs / SAOs, or the national party. Proving consent for a local party email list does not imply consent to be contacted by the Federal Party.
• Individuals must be told about how their data will be used. This is covered by our Fair Processing Notices and Privacy Notice.
• Consent must be as easy to withdraw, as given.

Granularity of Consent

If you receive an opt-in for a Local Party, then you can add that email to a Ward or Branch specific email list. However you cannot do the opposite. An email addresses added to a Branch or Ward list should not be added to a Local Party list. In general opt-ins can flow down through the party structure, but not up.

Collecting Consent & Special Category Data

The appropriate Fair Processing Notice must be included whenever collecting data, whether it requires consent or not. Learn more here.

Collecting Consent for Special Category Data

Special category data is more sensitive, and so needs more protection. For example, information about an individual’s:

• race;
• ethnic origin;
• religion;
• trade union membership;
• genetics;
• biometrics (where used for ID purposes);
• health;
• sex life; or
• sexual orientation.

We recommend you contacting the Data Protection Officer data.protection@libdems.org.uk if you feel it necessary to collect special category data before creating your survey/letter/email. The DPO can review your wording and advise on any changes to ensure you are collecting the information lawfully.

This type of data could create more significant risks to a person’s fundamental rights and freedoms. For example, by putting them at risk of unlawful discrimination.

For special category data, you will need to gather the consent close to where the questions are situatied on the page. It should always use granular, affirmative consent, with either unticked check boxes or Yes / No options:

Tick boxes:

• Tick here to allow us to use the Racial or Ethnic Origin you have provided for our [ campaigns | Diversity Monitoring]*
• Tick here to allow us to use the Religious or Philosophical Belief you have provided for our [ campaigns | Diversity Monitoring]*
• Tick here to allow us to use the Trade union membership you have provided for our [ campaigns | Diversity Monitoring]*
• Tick here to allow us to use the Health or Disability information you have provided for our [ campaigns | Diversity Monitoring | Providing Assistance at Conference or Event]*
• Tick here to allow us to use the Sexual orientation you have provided for our [ campaigns | Diversity Monitoring]*

Yes/No Buttons:

• Can we use the Racial or Ethnic Origin you have provided for our [ campaigns | Diversity Monitoring]*? Yes | No Thanks
• Can we use the Religious or Philosophical Belief you have provided for our [ campaigns | Diversity Monitoring]*? Yes | No Thanks
• Can we use the Trade union membership you have provided for our [ campaigns | Diversity Monitoring]*? Yes | No Thanks
• Can we use the Health or Disability information you have provided for our [ campaigns | Diversity Monitoring | Providing Assistance at Conference or Event]*? Yes | No Thanks
• Can we use the Sexual orientation Belief you have provided for our [ campaigns | Diversity Monitoring]*? Yes | No Thanks

*delete as appropriate

Recording Consent

When recording Consent, we need to record:

• Who Consented
• What they consented to
• When they consented
• What information they were given when they consented

We only need to keep a track of those Fair Processing Notices where we are required to collect Consent. 

Recording Consent in Connect

In Connect, it’s important to store both the consent(s) given and the relevant survey/communication that was used. For every script you use to gather consent, you need to have the appropriate opt-in questions and the relevant FPN on the script. 

Withdrawing Consent

Individuals have the right to opt out of communication or processing of their data at any time. Withdrawal of consent must be as easy as providing consent. These requests MUST be acted on within one month.

The standard opt out page for withdrawing Consent can be found here.

If consent is withdrawn face to face, on paper forms, or on a telephone call, you should:

• Send the details of the Opt Out request to data.protection@libdems.org.uk Include as much information as possible.

Elected Representatives

Collecting Data as an Elected Representative or on their behalf

Elected representatives are Data Controllers in their own right. When they collect data as an elected representative, they must follow the guidance provided by their parliament, council, assembly or appropriate body. A clear separation must be maintained between Liberal Democrats Data and their data.

Sharing Data from the Lib Dems to Elected Representatives

The wording of our Fair Processing Notices and Privacy Policy allows for the sharing of data with elected representatives, but not for email and telephone unsolicited direct marketing. This wording allows for activists to collect casework, and contact information for casework and pass it on to Councillors, MPs and other elected representatives to assist the public with their local issues and concerns.

The contact details collected cannot then be used by the elected representative for marketing, unless the individual provides separate consent for that purpose.

Sharing Data from Elected Representatives to the Liberal Democrats

Data cannot be shared by an Elected Representative to the Liberal Democrats. In particular contact details such as email addresses and phone numbers cannot be added to email distribution lists for the Party’s campaign.

The individual must specifically opt in to being contacted by the Party. For example, once a casework issue is resolved, you may want to email the individual and ask:

“I would like you keep you up to date on my work in the Liberal Democrats. Please click here to sign up to my Liberal Democrats mailing list.”

This should then link to an email sign up page on your Lib Dem website, which includes the relevant Fair Processing Notice and appropriate consent wording.