Liberal Democrats

Data Gathering and Consent

Last Updated: 08 July 2021

In this section:

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 https://www.libdems.org.uk/privacy-advice.

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.

 

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.

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

Fair Processing Notice

Notes

Examples

Non-verbal material, so any printed on online publications

The Fair Processing Notice always has to be provided on the page where data is being collected.

Consent wording for email, telephone numbers and special category data

Online or paper surveys, petitions, grumble sheets, casework, street stall sign in sheets, event sign in sheets, donation forms

 

Telephone Calls

There is no need to read out a Fair Processing, but consent needs to be explicit if email addresses, mobile numbers or special category data is collected (see below)

Telephone canvassing,

 

Face to face / Doorstep data collection

A leaflet with the Fair Processing Notice should ALWAYS be handed over if data is collected.

If the leaflet is refused, we cannot record the data. Where consent is refused by a request or assertion to not knock again, this should be recorded as Do Not Doorstep in Connect / MiniVAN.

Consent wording when collecting email, telephone numbers and special category data.

Canvassing, Knock Up,

 

Alternatives to the above, when offering a service where there is an exchange of money, other than donations.

The Fair Processing Notice always has to be provided on the page where data is being collected.

Consent wording when collecting email, telephone numbers and special category data.

Conference registration

Social Event, e.g., dinner registration

Not donation forms, use standard non verbal FPN.

 

 

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. This is a change to how we currently work on the doors.

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.

 

Whilst many assume that the new data protection legislation 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 marketing
  • Telephone numbers for the purpose of marketing phone calls, where registered with TPS
  • Mobile phone numbers for the purpose of sending marketing text messages
  • Special Category data

Under the Privacy and Electronic Communication Regulation (PECR), we need to have consent for marketing via email or by SMS. 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 collected when collecting this information. The only exception is when handling casework, and any email addresses or phone numbers cannot be used for campaigning.

Consent under GDPR must be:

- Consent must be for a specific purpose, e.g., email marketing, SMS 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 to ask 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 providing granularity in terms of method of contact, so email marketing, SMS marketing and geographical, so 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.

- As easy to withdraw as given.

Granularity of Consent

The new legislation requires that Consent be granular. To that end, we are treating all of our emailing lists as separate. Consent for emailing should be managed within the bulk mailing tool you are using, whether that is Nation Builder, Prater Raines or Mailchimp. Opting into a local party mailing list does not imply that they want to opt into the Federal Party mailing list. Opting out of a local mailing list need only be reflected in that mailing list.

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.

Opt outs on the Federal Website at Federal Opt Out page will be reflected down to local nations on Nation Builder, Prater Raines and Mailchimp accounts. (Note as time of writing these processes have not yet been set-up).

 

The appropriate Fair Processing Notice must be included whenever collecting data, whether it requires consent or not. In addition, where we need consent, we need to add the following wording:

Consent for Email Addresses / Phone Numbers

Consent for email and SMS marketing can be provided in several ways. In order of preference to maximise likelihood of getting consent:

  • Simply providing an email address can be an affirmative consent, if it is made clear that this is the sole reason for providing the address
  • A Yes / No response to a request to be able to contact via email
  • Unticked positive check box

Email Sign Up Forms

Where you simply have an email sign up form and it is clear from the wording on the web page or leaflet that they are signing up for emails, then we can use the first method whereby the act of providing an email address is an affirmative action.

Online, and in print we suggest that you use the phrase above or next to the text box where the email address will be provided:

“We’d like you keep you up to date on our work. Enter your email address to allow us to contact you in future.”

Other Forms

For forms that are collecting other data, e.g., grumble sheets, surveys, petitions, then we recommend one of the other two methods. Yes/No checkboxes work best online, for paper we recommend a tick box.

 

For online email address collection, provide this text above the field, or as a pop up:

“We’d like you keep you up to date on our work. Can we use the email you provide to contact you in future?”

And then have a yes / no radio button below:

Yes, keep me updated | No thanks

 

For online telephone number collection, provide this text above the field, or as a pop up:

 “We’d like you keep you up to date on our work. Can we use the phone number you provide to contact you in future?”

And then have one or two yes / no radio buttons below:

Yes, keep me updated by phone | No thanks

Yes, keep me updated by text message / SMS | No thanks **

 

The former will allow us to phone numbers that are registered with TPS.

**The Text / SMS opt in should only be used if you intend to use text messaging within 3 months of collection. Consent for text messages has to be refreshed every 12 months.

 

For paper based email address and telephone number collection, you can have the following wording above the fields with the FPN below on the same page, ideally next to the data collection form:

"Can we keep you updated by email / telephone*?"

"If you enter your email / telephone* below, we will use it to contact you in accordance with our Fair Processing Notice below and Privacy Policy at www.libdems.org.uk/privacy"

*Delete as appropriate

If an email address or phone number is provided, it can then be used for marketing and for responding to the subject of the form, e.g., grumble sheet, petition or survey. If they do not provide them, you will need to respond by post for the subject of the form.

Alternatively for paper based email address and telephone number collection, you can use tick boxes below the fields and use the wording:

  • Tick here to allow us to use the email you’ve provided to keep you up to date on our work
  • Tick here to allow us to use the phone number you’ve provided to keep you up to date on our work by telephone call.
  • Tick here to allow us to use the phone number you’ve provided to keep you up to date on our work by text message / SMS **

**The Text / SMS opt in should only be used if you intend to use text messaging within 3 months of collection. Consent for text messages has to be refreshed every 12 months.

If you use tick boxes, and an email address or phone number is provided, then you can respond to the subject of the form via email. If they also tick the relevant box, the email address or phone number can also be used for marketing.

 

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.

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, we should always use granular, affirmative consent, with either unticked check boxes or Yes / No radio buttons:

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 Radio 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

 

Template Leaflets

You can find up to date template leaflets with the appropriate GDPR wording on the Google Drive:

  • Focus with Grumble Sheet
  • Survey
  • Petition
  • Street Stall / Sign Up Sheet
  • Canvassing Calling Card

When recording Consent, we need to record:

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

For recording what information they were given when they consented, we are going to store a reference to the Fair Processing Notice used on the website / publication. That way we do not need to keep the actual form filled out by an individual or even a copy of the artwork.

We only need to keep a track of those Fair Processing Notices where we are required to collect Consent. Each Fair Processing Notice has been given a code that can be recorded in our respective systems. Questions in Connect reflect these codes. If the Fair Processing Notices are changed over time, the codes will be updated, as will the appropriate question in Connect. This way over time we can keep a track of what information was given to individuals when collecting their data and gaining consent.

As of May 25th, 2018, the Fair Processing Notice Codes and text are as follows:

Code

Purpose

Fair Processing Notice

LDNVC01

Non Verbal (NV) material, with Consent (C)

If you return/submit this form/survey/leaflet, the Liberal Democrats, locally and nationally, may use information provided, including your political views, to further our objectives, share it with our elected representatives and/or contact you in future using any of the means provided. Some contacts may be automated. You may opt out of some or all contacts or exercise your other legal rights by contacting us. Further details are in our Privacy Policy [hotlink if digital] / at www.libdems.org.uk/privacy.

LDNVPC01

Non Verbal Petition (P) with Consent

If you return/submit this form/survey/leaflet, the Liberal Democrats, locally and nationally, may use information provided, including your political views, to further our objectives, share it with our elected representatives and/or contact you in future using any of the means provided. Some contacts may be automated. You may opt out of some or all contacts or exercise your other legal rights by contacting us. Further details are in our Privacy Policy [hotlink if digital] / at www.libdems.org.uk/privacy.

We will include your name and/, address and signature [if applicable] when submitting the petition to NAME.

LDNVSC01

Non Verbal material for Service (S) with Consent

If you tick this box, the Liberal Democrats, locally and nationally, may, in addition to providing you the service requested, use information provided, including your political views, to further our objectives, share it with our elected representatives and/or contact you in future using any of the means provided. Some contacts may be automated. You may opt out of some or all contacts or exercise your other legal rights by contacting us. Further details are in our Privacy Policy [hotlink if digital] / at www.libdems.org.uk/privacy.

LDTC01

Telephone (T) call with Consent

Thank you sharing your email / mobile. May we use that/them to contact you in future?

If yes, followed by:

Thank you. You can unsubscribe at any time and full details of your rights are in our privacy policy on Lib Dems dot org dot uk.

LDTSC01

Telephone call for Service with Consent

Thank you for that information and your email / mobile. May we use that/them for our other activities in future too, such as to send you emails/texts?

If yes, followed by:

Thank you. You can unsubscribe at any time from any of our contacts, and full details of your rights are in our privacy policy on Lib Dems dot org dot uk.

LDFFC01

Face to Face with Consent

Calling card / leaflet:

The Liberal Democrats, locally and nationally, may use any information you have provided, including your political views, to further our objectives, share it with our elected representatives and/or contact you in future using any of the means provided. Some contacts may be automated. You may opt out of some or all contacts or exercise your other legal rights by contacting us. Further details are in our Privacy Policy at www.libdems.org.uk/privacy.

Verbally:

Thank you sharing your email / phone / mobile. May we use that/them to send you emails/texts in future?

If yes, followed by:

Thank you. You can unsubscribe from our contacts at any time and more details of your rights are in the leaflet I’ve given you.

LDCC01

Conference with Consent

FPN: If you enter your details on this website, the Liberal Democrats may, in addition to providing you the service requested, use information in it to manage our Conferences and/or to contact you in future using any of the means provided. Some contacts may be automated. You may opt out of some or all contacts or exercise your other legal rights by contacting us. Further details are in our Privacy Policy at www.libdems.org.uk/privacy

 

Recording Consent in Connect

In Connect, it’s important to store both the consent(s) given and the relevant FPN 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. See more on the Connect Quick Sheets - look at quick sheet 2.5.

Recording Email Marketing Consent in Mailchimp

Mailchimp carries a number of features to record GDPR compliant consent. Each of these is related to an individual list. You can read their guidance on setting these up at:

Double Opt-In: https://kb.mailchimp.com/lists/signup-forms/about-double-opt-in

Form Builder: https://kb.mailchimp.com/lists/signup-forms/how-the-form-builder-works

Sign-up Forms: https://kb.mailchimp.com/lists/signup-forms/about-signup-form-options

When creating a new list, go to the Settings tab and under List Name and Defaults activate the “Enable GDPR Fields” option. This will allow you to create a Double Opt-In form which can be linked in other materials.

Under Signup Forms use the Form Builder  to create a new consent form.

Make sure that you have set the Form type to a Signup form and have enabled the Send a final welcome email box.

Below you will be able to build/design the form. What to include here very much relies on what info you are are seeking to collect, but it is vital to include the relevant fair processing notice and consent wording.

A specific example of how to set up a consent form for email addresses is below, including the correct consent wording and FPN. The fields this includes are Email Address, First Name and Last Name.

After this you will need to edit the Final Welcome Email and reCAPTCHA confirmation page to show the text that you would like to feature.

 

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 MUST be acted on within 28 days.

The standard opt out page for withdrawing Consent can be found at https://www.libdems.org.uk/optout

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

  • Mark the email address and phone number as unsubscribed or opted out in Mailchimp / Prater Raines / Local Nation as required
  • And/or use the page above to record the withdrawal of consent from the Federal Nation or withdrawal of consent for processing special category data. This information will be automatically synchronised with Connect and Nation Builder.

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 Lib Dem Data and your data.

Further information for elected representatives can be found from ALDC

 

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, telephone or SMS marketing. This allows for activists to collect casework, and contact information for casework and pass it on to Councillors, MPs and other elected representatives.

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 Lib Dems

Data cannot be shared between an Elected Representative and the Lib Dems. 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 as a Liberal Democrat. Please click here to sign up to my Liberal Democrat mailing list.”

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

 

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