This document identifies the basis in the regulations which supports HBAGAs use of

personal data and outlines how our use complies with that definition. As the GDPR

system is still being developed this will need regular review.

It is a technical document for reference in support of our other documentation.

1. The Association uses GDPR 2018 Article 6.1.(f) as the authority to process the

personal data of its members. This states: processing is necessary for the purposes of the

legitimate interests pursued by the controller or by a third party, except where such interests are

overridden by the interests or fundamental rights and freedoms of the data subject which require

protection of personal data, in particular where the subject is a child.

This ‘legitimate interest’ approach is one of the possible ways of justifying use of personal

data. As a result there is no need to obtain specific consent from members unless it is

proposed to use their data in a way which is not what they would reasonably expect. This

possibility is unlikely to occur.

2.        The legitimate interests of the Association which could require the use of or inter-act

with a members data are:-

2.1     Administration of the annual leases through which members rent their plots. This

will include the collection of rents and the enforcement of the Associations plot rules.

2.2     Administration of annual Associate Memberships.

2.3     Enforcement of the Associations Constitution including reference to an independent

arbitration system to deal with appeals against an Association decision.

2.4     Interaction with members who choose to take part in the Associations social

activities or to make use of the facilities of the Associations Shop.

2..5    Interaction with members who take an active part in the running of the association.

2.6     Legitimate requirements of Canterbury City Council or other authorities.

3.       The data held about members comprises:

3.1     Name and contact details (postal address, phone, email)

3.2     Plot numbers for plot-holders

3.3     Records of annual plot rents and membership fees

3.4     Details of Shop orders and participation in Social events

3.5     Records of interactions with members (such as when dealing with plot problems)

3.6     There is other information which is open to us (such as car registration numbers,

bank details shown on cheques and health problems) but such details are not recorded.

4.       Storage and Access to data is controlled by the Committee as agreed by the

membership at a General Meeting as part of the usual management process. This includes

how and where data is held and its privacy and security, plus who has access to the data.

5.      Our documentation ensures that members are aware of how we handle their data

and the way in which they exercise control of the information they give us.

6.      Members have a right to ask for a copy of the information we hold about them in a digital form. We are obliged to provide that information in a timely manner at no cost to the member.

  GDPR has a comment on this right. Where requests from a data subject are manifestly

unfounded or excessive, in particular because of their repetitive character, the controller

may either:

* charge a reasonable fee taking into account the administrative costs of providing the

information or communication or taking the action requested;


* refuse to act on the request.

 The controller shall bear the burden of demonstrating the manifestly unfounded or

excessive character of the request.


                                                                                                                                                     Dated 20/10/18    

 FAQs on what Data we hold and why we need to hold it

How we use your information

FAQs on what Data we hold and why we need to hold it

How we use your information

Herne Bay Allotments and Gardens Association must respect your confidentiality and comply with the General Data Protection Regulation 2018 which replaces the previous Data Protection Act 1998. We must, among other things, ensure information held about you is only used for specific purposes allowed by law. Below are some questions you might ask about what information we hold, why we hold it and to whom it may be passed.

[Q1] What personal information do you hold about me?

• Basic details such as name, address, phone number(s) and email address

• Plot rents and associate membership fees

• Plot-holder key number(s) & deposit paid

• Records of interactions with the Association

[Q2] Why do you need my personal information?

We keep records so that...

• We can contact you if there is a problem

• We can send you our occasional newsletters and inform you of meetings and social events

• We can maintain a financial record of your annual membership and rental payments

[Q3] Are my records used in any other way?

We may also use your information to:

• Inform you of changes to Constitution or Rules

• Inform you of HBAGA activities such as AGMs or special meetings

• Investigate complaints or serious incidents

• Prepare statistics on allotment usage

• Make sure the services we provide meet future needs

[Q4] How does HBAGA store my records?

We create and hold your records both electronically and in a hard copy format.

Electronic records have several advantages...

• You need only to provide your details once

• It is easier to control who has access to those records

• Records will more accurate and up to date

[Q5] Can information be shared without my consent?

The information held about you will not shared, with a third party without your consent except in a number of limited circumstances when we are legally bound to do so: for example...

• Where there is a danger of harm to a child or vulnerable adult

• As the result of a court order

• When it's absolutely necessary for the prevention or detection of a  crime or apprehension/prosecution of                             offenders

• Where there is a creditable and serious risk to members

[Q6] How do we keep members records confidential?

Everyone involved in the running of the Allotment Association has a legal duty to keep information about you confidential. There are strict codes of conduct in place to ensure your information is safe whether it is on paper or computer. The Association must abide by...

• General Data Protection Regulation 2018

• Common Law Duty of Confidence

[Q7] Can I get a copy of my records?

You  have the right under the General Data Protection Regulation 2018 to ask for a copy of your records or authorise a representative to do so. We need a written request to allow you access this data.

[Q8] What are my rights under applicable data law?

• To be informed about how and where we are using your personal data:

• To have your personal data corrected if it is inaccurate and to have incomplete personal data completed:

• To object to any unacceptable ways in which we are using  your personal data:

• To restrict our use of parts of your personal data:

• To have your personal data erased  (the “right to be forgotten”) should you have left the association some                            time in the past:  

• To request access to your personal data :

• To move, copy or transfer your personal data (“data portability”) to a third party, should you no longer be                 a member of the association:

[Q9] What happens to my data when I leave the HBAGA

Once links with the HBAGA are fully ended, your digital details will be erased, and your paper records securely destroyed.

[Q10] How can I complain about the way the Allotment Association handles my information?

If you are unhappy with the way we deal with your information please put your concerns in a sealed envelope addressed to the Association Secretary. This should be deposited in the shop during normal opening hours.

Should you still not be satisfied then you have the right to complain to the Information Commissioner's Office. It has enforcement powers and can investigate compliance with protection law. (

18th October 2018

HBAGA Data Management FAQs

Download PDF copy of :

Download PDF copy of :

HBAGA Data Management FAQs

18th October 2018