Frequently asked questions

Every organisation keeps records containing information about individuals and/or companies with whom it has a relationship. In a church organisation, this includes:

• the membership administration, often housed at a church office. This contains the most up-to-date information on church members;
• a parish guide and/or directory. This is distributed among the parishioners;
• information made available on the church's website in, for example, news items or photographs. These can be protected with a login code for members only.

The church archives also contain information about former parishioners. This includes certificates, baptism and marriage certificates, and entries in the church bulletins reporting both new and departing parishioners. The information stored by the church has been gratefully used for genealogical and historical research. Parishioners or their children also frequently inquire about baptism dates, the minister involved, which church someone came from or where they left for, and when, etc. The church archives provide this information. Computer problems that cause members to be deleted must therefore be prevented at all times.

With the introduction of the GDPR everyone has the right to be forgotten. This does not always mean that personal data must be destroyed, but it does mean that personal data must be secured. The rule of thumb is that the data may be used for the purposes for which it was explicitly and legitimately collected. This means that membership records may remain intact as long as the data is not used for other purposes. In Article 5 (first paragraph, under b) of the GDPR It is stated that ‘archiving in the public interest’ is in accordance with the original purpose for which the data was collected. If archive records are eligible for permanent preservation according to a selection list, they cannot be destroyed.[1]

No rights of any person concerned are affected in the GDPR an ‘absolute’ right; there are almost always exceptions. In Article 17 of the GDPR When you do not have to comply with a request to delete data: when the data is necessary...

• … to comply with a legal obligation
• … to perform a task in the public interest
• … for the exercise of public authority
• … for archiving in the public interest.
• … for processing purposes

So ensure that all members are clear about what personal data is stored, what the church uses it for, and what data is permanently retained according to the selection list. Under the GDPR Churches are obliged to keep a register of this, known as the ‘processing register’. This must also state where the data comes from and with whom it is shared.[2]

[1] Archives Journal, volume 121, 2017, issue 8, p. 23

[2] The extent to which such a processing register must also be drawn up for archive documents that have already been transferred is still unclear. Under the WBP the legislator has exempted archive institutions from this obligation, as it would place a disproportionate burden on them. See also Archievenblad 2017-8 p.23

The GDPR is based on European legislation. Normally, this means that the same rules apply in all European Member States. However, in the case of the GDPR Member States are permitted to include specific provisions in their national legislation regarding the GDPR. This has been implemented in the Netherlands in the Implementation Act. GDPR. This provides further clarification of what we mean by ‘archiving in the public interest’. Three ‘rights’ of data subjects do not apply when the data are contained in archive records in an archive repository:

• the right of access. A citizen may ask his or her local authority what personal data it processes about him or her, but the same question cannot be put to the manager of an archive repository;
• the right to rectification. In order to protect the integrity of the archive documents, it is not possible for data subjects to correct the data in transferred archive documents, even if the data is incorrect. However, a written request to change the data may be included with the documents;
• the right to portability. Personal data can be ‘transferred’ by a data subject from one controller (e.g. a music streaming service) to another, making it easier to switch. This does not apply to archive records, as it would make it impossible to guarantee the integrity of the archive.

In the case of privacy-sensitive data, it is important to restrict public access to the archive documents. This can be achieved by drawing up regulations governing access to the church archives. These regulations can specify which documents are public and can therefore be viewed and/or copied/photographed by both current and former parishioners. On the other hand, it can be specified which documents can only be viewed with the permission of the clerk or the archive manager. The reason for the request for information and who is making the request are of great importance in this regard. A parishioner may view fewer documents than a church council member or minister, as the latter are bound by professional secrecy. If someone only wants to know a date, this information can be provided more easily than if they request to view the minutes of a particular case. In addition, conditions can be imposed on the processing of the data with regard to what may or may not be published.

It is important to keep the interests of individuals in mind. Keep a person's name in high regard!

It may happen that a member of the congregation who has been cut off from the congregation requests that all his or her data be deleted, invoking the right to be forgotten. In addition to the usual data, this also concerns the pulpit announcements and the minutes of the narrow and broad church council during the decision-making phase. However, it is up to the church council – in consultation with the scribe/archive manager – and not to the parishioner concerned to determine how long these documents are kept and when they may be destroyed. This period should not be too short, as the documents may still be needed as evidence. At some point, the parishioner concerned may feel that he has been treated unfairly, that mistakes have been made or that he has suffered (emotional) damage. If they subsequently take legal action in the civil courts, the church council must be able to hand over documents in the court case. This is in order to demonstrate the basis on which it reached the decision to exclude the member from the congregation.

It is important to handle these documents with care. Such specific legal ecclesiastical documents can, for example, be stored in a sealed envelope marked: to be opened only in the presence of the chair of the church council. The envelope should also indicate the contents by means of a name and period. A year may also be stated on which the documents may be destroyed. Choose a year in which the person in question will have passed away or will no longer be able to take action against his or her former church community.

The church council must ensure that only limited personal data can be found outside the church administration and archive environment. To achieve this, it must be clear where the complete administration of all committees and meetings and the church office is stored. This means not on personal computers/laptops, in private email accounts or in public cloud environments such as Google, OneDrive or Dropbox. In such cases, it is impossible to guarantee that (privacy-sensitive) information only accessible to authorised persons. Or that the data is kept in good condition.

In the case of cloud computing, it is not always clear who owns the files. Always read the terms and conditions that the provider sets for the use of its cloud services. These are drawn up in the interests of the provider and its activities, not those of the user! Try to find out as much as possible about what exactly happens to the stored information and how it can be used by the provider. The international software company Google offers the possibility to store data and documents, but subsequently has control over them. This means you are no longer in control of your own data! Also pay close attention to the country in which cloud providers store their data. Data stored on servers outside Western Europe is not subject to European law. This means that the American government, for example, can obtain specific data and information that you would rather not disclose. This includes company data, customer databases and other privacy-sensitive information.

Ensure that there is one central location where digital data is stored and from where it can be shared with authorised persons. An example of such a system is Kerkgeheugen[2], which can be used both as a working environment for sharing documents and calendars and for storing digital files.

[1] using a company or provider's server to store digital files via an internet connection

[2] Kerkgeheugen is a programme with a number of (separately available) modules, including the meeting and archive module. All documents required for committee and organisation meetings are included in this programme: agendas, minutes, meeting documents, decision and action lists. Within this programme, the primary order is by meeting date. Applications allow the documents to be consulted at any time and place. A login account and authorisation determine who has access to which documents. The documents recorded in this way together form an archive; it can be recorded for each document whether it can be destroyed and whether or not it is public. The documents to be retained can be stored at a later date in the same meeting structure in an e-Depot.