The BBA is now integrated into UK Finance. Please go to www.ukfinance.org.uk for new content and updates from UK Finance.
Material published by BBA prior to 1st July 2017 is still available on this website.
From 1 July 2017, the finance and banking industry operating in the UK will be represented by a new trade association, UK Finance. It will represent around 300 firms in the UK providing credit, banking, markets and payment-related services. The new organisation will take on most of the activities previously carried out by the Asset Based Finance Association, the British Bankers’ Association, the Council of Mortgage Lenders, Financial Fraud Action UK, Payments UK and the UK Cards Association.x
The BBA is committed to a policy of protecting the rights and privacy of individuals (which includes staff, individual members and non-members) in accordance with the Data Protection Act.
The BBA needs to process certain information about its staff, and other individuals it has dealings with for administrative purposes (e.g. to recruit and pay staff, to administer staff training, to record progress, to process requests for products and services, to supply information, and to comply with legal obligations).
To comply with the law, information about individuals must be accurately collected and used fairly, stored safely and securely and not disclosed to any third party unlawfully.
The policy applies to all BBA staff, contractors, and the employees of organisations, who either directly or indirectly, use and/or support this organisation’s IT systems. Any breach of the Data Protection Act or the BBA Data Protection Policy is considered to be an offence and in that event, BBA disciplinary procedures will apply.
As a matter of good practice, other agencies and individuals working with the BBA, and who have access to personal information, will be expected to have read and comply with this policy. It is expected that departments/sections who deal with external agencies will take responsibility for ensuring that such agencies sign a contract agreeing to abide by this policy.
The Act applies to personal data held on any personal computers, (including home PCs used by staff for business purposes), personal organisers, and in structured manual files, even if not owned by the organisation, when used by members of staff, temporary staff or external contractors and advisors, specifically to support the business activities of the organisation.
The data belongs to the BBA and must be processed in compliance with the Act. Staff are discouraged from holding BBA data on personal organisers or home computers. In particular, BBA data must be kept secure and not be able to be accessed by any member of the family or friends. If using BBA data outside the office, adequate security such as passwords should be used along with good anti-virus protection.
The Data Protection Act (DPA) came into force on 1 st March 2000 and has major implications for all users of personal data. The new act enhances and broadens the scope of the previous 1984 act demanding stricter regulation of staff use and access. Its purpose is to protect the rights and privacy of living individuals and to ensure that personal data is not processed without their knowledge, and, wherever possible, is processed with their consent.
Data relating to a living individual who can be identified from that information or from that data and other information in possession of the data controller. This includes name, address, and telephone number. It also includes expression of opinion about the individual, and of the intentions of the data controller in respect of that individual.
Different from ordinary personal data (such as name, address, telephone) and relates to racial or ethnic origin, political opinions, religious beliefs, trade union membership, health, sex life, criminal convictions. Sensitive data is subject to much stricter conditions of processing.
Any person (or organisation) that makes decisions with regard to particular personal data, including decisions regarding the purposes for which personal data is processed and the way in which the personal data is processed.
Any living individual who is the subject of personal data held by an organisation.
Any operation related to organisation, retrieval, disclosure and deletion of data and includes: obtaining and recording data, accessing, altering, adding to, merging, deleting, data retrieval, consultation or use of data disclosure or otherwise making available of data.
Any individual/organisation other than the data subject, the data controller (the BBA) or its agents.
Relevant Filing System
Any paper filing system or other manual filing system which is structured so that information about an individual is readily accessible. Please note that this is the definition of “Relevant Filing System” in the Act. Personal data as defined, and covered, by the Act can be held in any format, electronic (including websites and emails), paper-based, photographic etc. from which the individual’s information can be readily extracted.
All processing of personal data must be done in accordance with the eight data protection principles. These are principles of good practice and are legally enforceable
1. Personal data shall be processed fairly and lawfully.
Those responsible for processing personal data must make reasonable efforts to ensure that data subjects are informed of the identity of the data controller, the purpose of the processing, any disclosures to third parties that are envisaged and an indication of the period for which the data will be kept.
2. Personal data shall be obtained for specific and lawful purposes and not processed in a manner incompatible with those purposes.
Data obtained for specified purposes must not be used for a purpose that differs from those.
3. Personal data shall be adequate, relevant and not excessive in relation to the purpose for which it is held.
Information, which is not strictly necessary for the purpose for which it is obtained, should not be collected. If data is given or obtained which is excessive for the purpose, it should be immediately deleted or destroyed.
4. Personal data shall be accurate and, where necessary, kept up to date.
Data, which are kept for a long time, must be reviewed and updated as necessary.
No data should be kept unless it is reasonable to assume that they are accurate. It is the responsibility of individuals to ensure that data held by the Association are accurate and up–to–date. Completion of a conference or training booking form, or publications order form or BBA internal form or application form etc will be taken as an indication that the data contained therein is accurate.
Individuals should notify the BBA of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of the BBA to ensure that any notification regarding change of circumstances is noted and acted upon.
5. Personal data shall be kept only for as long as necessary.
6. Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act.
7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of data.
8. Personal data shall not be transferred to a country or a territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Data must not be transferred outside of the European Economic Area (EEA) – the fifteen EU Member States together with Iceland, Liechtenstein and Norway – without the explicit consent of the individual. Members of the BBA should be particularly aware of this when publishing information on the Internet, which can be accessed from anywhere in the globe. This is because transfer includes placing data on a web site that can be accessed from outside the EEA.
The BBA will, through appropriate management and the use of strict criteria and controls ensure that all staff:–
In addition the senior management of BBA will:–
Notification is the responsibility of the Data Protection Officer. Details of the Associations’ Notifications (both BBA and BBAE) are published on theInformation Commissioner’s website. Anyone who is, or intends, processing data for purposes not included in the Associations’ Notifications should seek advice from the Data Protection Officer.
Data Subjects have the following rights regarding data processing, and the data that are recorded about them:
All individuals held on the BBA database have the right to access any personal data which is held by the Association in electronic format and manual records which form part of a relevant filing system.
Any individual who wishes to exercise this right should apply in writing to the Data Protection Officer (DPO). The Association reserves the right to charge a fee for data subject access requests (currently £10). Any such request will normally be complied with within 40 days of receipt of the written request and, where appropriate, the fee.
All staff are responsible for ensuring that any personal data (on others) which they hold is kept securely and that it is not disclosed to any unauthorised third party. All personal data should be accessible only to those who need to use it. You should form a judgment based upon the sensitivity and value of the information in question, but always consider keeping personal data:
The BBA must ensure that personal data is not disclosed to unauthorised third parties which may include colleagues, government bodies, and other organisations and in certain circumstances, the Police. All staff should exercise caution when asked to disclose personal data held on another individual to a third party.
For instance, it would usually be deemed appropriate to disclose a colleague’s work contact details in response to an enquiry regarding a particular function for which they are responsible. However, it would not usually be appropriate to disclose a colleague’s work details to someone who wished to contact them regarding a non-work related matter.
The important thing to bear in mind is whether or not disclosure of the information is relevant to, and necessary for, the conduct of Association business. Best practice, however, would be to take the contact details of the person making the enquiry and pass them onto the relevant individual concerned.
This policy determines that personal data may be legitimately disclosed where one of the following conditions apply:
The Act permits certain disclosures without consent so long as the information is requested for one or more of the following purposes:
*Requests must be supported by appropriate paperwork.
BBAE uses personal data for direct marketing purposes and must inform data subjects of this at the time of collection of the data. Individuals must be provided with the opportunity to object to the use of their data for direct marketing purposes (e.g. an opt-out box on a form).
An individual is entitled to require the BBA to cease (or not to begin) processing of the individual’s personal data on the grounds that:
The BBA would not be required to comply with a request to cease processing in the circumstances where:
Within 21 days of receiving a request to prevent processing, the BBA must provide the individual with a written notice:
The BBA will not process or continue to process personal data for the purposes of direct marketing if the individual:
The Data Protection Officer (DPO) is responsible for responding to a data subject’s complaints about the processing of personal data relating to the individual, by the organisation. A response outlining the actions that will be taken by the organisation will be made within 21 days of the receipt of a written notice. Staff are required to immediately pass to the DPO any subject access request or complaint received.
Before any collection or processing of data commences staff are required to inform the DPO of:
All computer equipment and accessories which are disposed of are wiped clean of any data by the IT department.
Before transferring personal data to countries outside of the EEA (including verbal disclosure by telephone, or disclosure over the Internet), the data subject’s agreement must be sought.
Email us at: Membership@bba.org.uk