Nominal UK JW's. IMPORTANT NOTICE!

by nicolaou 12 Replies latest jw friends

  • nicolaou
    nicolaou

    TUESDAY OCTOBER 23RD D.P.A

    UK JW's who wish to limit the involvement of the WTB&TS in their personal lives should be aware that on Tuesday 23rd October the provisions of the Data Protection Act empower you to obtain copies of all information your local congregation is holding on you, this now includes written data as well as electronically stored information. You may also make request to the UK Branch Office in Mill Hill.

    The request needs to be made in writing to your local congregation 'Data Controller'. Almost invariably this is the congregation secretary. Your request needs to comply with the provisions of the Act and might be worded something like this;

    Dear XXXXXXXXX [do not use terms like 'brother']
    As is my right under the UK Data Protection Act I would like to request:
    (a) Whether personal data relating to me or any member of my family is being held or processed.
    (b) A description of the data held, the purpose for which it is being held or processed and the recipients or classes of recipients to whom the information may be disclosed; and
    (c) A copy of the information held by the Data Controller and the source of that information.
    Under the terms of the Data Protection Act, you have 40 days from the receipt of this letter to comply with my request.

    This is not a letter of disassociation and no attempt should be made to treat it as one.

    Yours sincerely,

    XXXXXXXXX

    Of course you'll need to be prepared to face the question 'why are you making this request'? But in my opinion the best course is not to get drawn into it. Make your request in writing and leave it at that. If at the end of the statutory 40 day period your request has not been complied with you can then follow up with something like this:

    Further to my letter of [date] requesting disclosure of information held about me under the terms of the Data Protection Act, I would like to remind you that you were legally obliged to answer my request within 40 days but have apparently decided to ignore the law on this matter.
    Regretfully, I must give you notice that if I do not receive a satisfactory response to my request within the next 7 days I will be raising a formal complaint with the Data Protection Registrar.
    I would remind you that this is not a letter of disassociation and no attempt should be made to treat it as one.

    Yours sincerely,

    XXXXXXXXX

    If you'd like to wade through the UK Data Protection Act yourself go here: . http://www.hmso.gov.uk/acts/acts1998/19980029.htm

    One more thing.
    I strongly suspect that at a Service Meeting within the next month or so the Brothers will be 'asked' to sign new consent forms allowing the congregation to hold personal information about them.
    No doubt this will be passed off as 'just a formality - it's necessary for field service records'. Don't buy it and, more importantly, don't sign it!

    Nic'

    http://www.do-not-call.org

  • Eyebrow
    Eyebrow

    It will be interesting to see how they react to this.

  • JEMIMAH
    JEMIMAH

    Great Post. only applies to the Brits though.

    However, all elders instructions are to pass any request to the Legal desk at IBSA.

    Looking through our own Cong files, the only info held now are F.S records and a name on a Specialised Sheperding List all the really "interesting stuff " should have been destroyed last year.

    I know this also applies to IBSA as well

    However I'm sure that a deluge of such letters will keep them on their toes.

    Cheers

    Jem

  • Thirdson
    Thirdson

    Nicolaou,
    (and Jemimah too)

    How does this apply to ex-pats like me. Are they under law to provide me with information regarding what they have on me. They must have a record of my appointment as an elder, my DOB and date of baptism. They must have a date of my deletion as an elder and a copy of my letter? Can I find out what they have on me? I may be non-resident but I am still a British citizen.

    Thirdson

    PS I have the relative safety of writing from overseas however, they can snub me knowing I am unlikely to pursue legal action from so far away. Should I write my MP too, the one I can no longer vote for.

    'To avoid criticism, say nothing, do nothing, be nothing'

  • nicolaou
    nicolaou

    Hi Thirdson

    Chapter 29, Part 1, Section 5 of the Act seems to make clear that the weight of legislation lays on the data controller.

    It shouldn't matter that you are non-resident, the fact is that your old congregation secretary is under a legal obligation from 23/10/01 to disclose this information to you.

    I've reproduced the relevant section of the Act below.

    As for writing to your MP, I've made that REAL EASY TO DO from the dnc site.

    Just go to . http://www.do-not-call.org/faxmp.htm
    Type in your old postcode and send a fax directly to your Member of Parliament!

    Good luck
    Nic'

    -----------------------------------
    5. - (1) Except as otherwise provided by or under section 54, this Act applies to a data controller in respect of any data only if-

    (a) the data controller is established in the United Kingdom and the data are processed in the context of that establishment, or
    (b) the data controller is established neither in the United Kingdom nor in any other EEA State but uses equipment in the United Kingdom for processing the data otherwise than for the purposes of transit through the United Kingdom.

    (2) A data controller falling within subsection (1)(b) must nominate for the purposes of this Act a representative established in the United Kingdom.

    (3) For the purposes of subsections (1) and (2), each of the following is to be treated as established in the United Kingdom-

    (a) an individual who is ordinarily resident in the United Kingdom,
    (b) a body incorporated under the law of, or of any part of, the United Kingdom,
    (c) a partnership or other unincorporated association formed under the law of any part of the United Kingdom, and
    (d) any person who does not fall within paragraph (a), (b) or (c) but maintains in the United Kingdom-
    (i) an office, branch or agency through which he carries on any activity, or
    (ii) a regular practice;
    and the reference to establishment in any other EEA State has a corresponding meaning.


    -------------------------------

    http://www.do-not-call.org

  • nicolaou
  • Simon
    Simon

    I was told that the elders of one cong had a hurried meeting after the regular one and apparently had some letter that was read out to them. It wouldn't surprise me if these were instructions relating to this.

  • nicolaou
    nicolaou

    Much to consider here. Notice that the Society have stated nine purposes for which they wish to collect data. If you are still a nominal JW that is information they are holding about you!

    Protect your privacy - do not sign the new consent form!

    Nic'
    -------------------------------------------------------------------------------
    Data Protection Act 1998. Register of Data Controllers
    Registration Number: Z4617720
    Date Registered: 13-MAR-00 Registration expires: 12-MAR-02
    Data Controller: WATCH TOWER BIBLE AND TRACT SOCIETY OF BRITAIN

    Address:

    WATCH TOWER HOUSE
    THE RIDGEWAY
    LONDON
    NW7 1RN

    --------------------------------------------------------------------------------

    This register entry describes, in very general terms, the personal data being processed by: WATCH TOWER BIBLE AND TRACT SOCIETY OF BRITAIN

    This register entry contains personal data held for 9 purpose(s)

    --------------------------------------------------------------------------------

    PURPOSE 1

    Accounts & Records
    Purpose Description:

    Keeping accounts related to any business or other activity carried on by the data controller, or deciding whether to accept any person as a customer or supplier, or keeping records of purchases, sales or other transactions for the purpose of ensur ing that the requisite payments and deliveries are made or services provided by him or to him in respect of those transactions, or for the purpose of making financial or management forecasts to assist him in the conduct of any such busin ess or activity

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Customers and Clients
    Suppliers
    Complainants, correspondents and enquirers
    Advisers, consultants and other professional experts
    Business or other contacts

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Employment Details
    Financial Details
    Goods or Services Provided
    Religious or Other Beliefs Of A Similar Nature

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Current, past or prospective employers of the data subject
    Healthcare, social and welfare advisers or practitioners
    Business associates and other professional advisers
    Employees and agents of the data controller
    Other companies in the same group as the data controller
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Financial organisations and advisers
    Central Government
    Voluntary and charitable organisations
    Religious organisations
    Data processors
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 2

    Advertising, Marketing & Public Relations
    Purpose Description:

    Advertising or marketing the business of the data controller, activity, goods or services and promoting public relations in connection with that business or activity, or those goods or services.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Customers and Clients
    Members or supporters
    Complainants, correspondents and enquirers
    Advisers, consultants and other professional experts
    Donors and Lenders

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Financial Details
    Goods or Services Provided
    Religious or Other Beliefs Of A Similar Nature
    Physical or Mental Health or Condition

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Business associates and other professional advisers
    Employees and agents of the data controller
    Other companies in the same group as the data controller
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Voluntary and charitable organisations
    Political organisations
    Religious organisations
    Data processors
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 3

    Staff Administration
    Purpose Description:

    Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Complainants, correspondents and enquirers
    Previous and prospective employers of the staff and referees

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Education and Training Details
    Employment Details
    Racial or Ethnic Origin
    Physical or Mental Health or Condition

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Current, past or prospective employers of the data subject
    Healthcare, social and welfare advisers or practitioners
    Education, training establishments and examining bodies
    Business associates and other professional advisers
    Employees and agents of the data controller
    Suppliers, providers of goods or services
    Financial organisations and advisers
    Central Government
    Voluntary and charitable organisations
    Religious organisations
    Employment and recruitment agencies
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 4

    Administration of Membership Records
    Purpose Description:

    The administration of membership records.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Members or supporters
    Complainants, correspondents and enquirers
    Relatives, guardians and associates of the data subject
    Donors and Lenders

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Education and Training Details
    Employment Details
    Financial Details
    Goods or Services Provided
    Religious or Other Beliefs Of A Similar Nature
    Physical or Mental Health or Condition
    Membership Details

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Relatives, guardians or other persons associated with the data subject
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Financial organisations and advisers
    Voluntary and charitable organisations
    Religious organisations
    Data processors
    Members including shareholders
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 5

    Trading / Sharing in Personal Information
    Purpose Description:

    The sale, hire or exchange of personal information.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Suppliers
    Members or supporters
    Complainants, correspondents and enquirers
    Advisers, consultants and other professional experts
    Donors and Lenders

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Financial Details
    Goods or Services Provided
    Religious or Other Beliefs Of A Similar Nature
    Membership Details

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Employees and agents of the data controller
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Traders in personal data
    Voluntary and charitable organisations
    Members including shareholders
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 6

    Fundraising
    Purpose Description:

    Fundraising in support of the objectives of the data controller.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Members or supporters
    Complainants, correspondents and enquirers
    Advisers, consultants and other professional experts
    Business or other contacts

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Financial Details
    Goods or Services Provided
    Religious or Other Beliefs Of A Similar Nature
    Membership Details

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Central Government
    Voluntary and charitable organisations
    Auditors
    Members including shareholders
    Transfers:

    Worldwide

    -------------------------------------------------------------------------------

    PURPOSE 7

    Legal Services
    Purpose Description:

    The provision of legal services, including advising and acting on behalf of clients.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Complainants, correspondents and enquirers
    Relatives, guardians and associates of the data subject
    Advisers, consultants and other professional experts
    Business or other contacts

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Financial Details
    Goods or Services Provided
    Membership Details
    Business activities of the data subject

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Healthcare, social and welfare advisers or practitioners
    Business associates and other professional advisers
    Employees and agents of the data controller
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Financial organisations and advisers
    Private investigators
    Local Government
    Voluntary and charitable organisations
    Religious organisations
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 8

    Realising the Objectives of a Charitable Organisation or Voluntary Body
    Purpose Description:

    The provision of goods and services in order to realise the objectives of the charity or voluntary body.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Customers and Clients
    Suppliers
    Members or supporters
    Complainants, correspondents and enquirers
    Relatives, guardians and associates of the data subject
    Advisers, consultants and other professional experts
    Business or other contacts
    Employees of other organisations
    Donors and Lenders

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Education and Training Details
    Employment Details
    Goods or Services Provided
    Racial or Ethnic Origin
    Religious or Other Beliefs Of A Similar Nature
    Membership Details

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Relatives, guardians or other persons associated with the data subject
    Healthcare, social and welfare advisers or practitioners
    Business associates and other professional advisers
    Employees and agents of the data controller
    Suppliers, providers of goods or services
    Persons making an enquiry or complaint
    Voluntary and charitable organisations
    Religious organisations
    Members including shareholders
    Customers and clients of the data controller for goods and services
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    PURPOSE 9

    Crime Prevention and Prosecution of Offenders
    Purpose Description:

    Crime prevention and detection and the apprehension and prosecution of offenders.

    Data subjects are:

    Staff including volunteers, agents, temporary and casual workers
    Complainants, correspondents and enquirers
    Offenders and suspected offenders
    Witnesses

    Data classes are:

    Personal Details
    Family, Lifestyle and Social Circumstances
    Employment Details
    Religious or Other Beliefs Of A Similar Nature
    Sexual Life
    Offences (Including Alleged Offences)
    Criminal Proceedings, Outcomes And Sentences.
    Business activities of the data subject
    Details of complaints

    Sources (S) and Disclosures (D) (1984 Act). Recipients (1998 Act):

    Data subjects themselves
    Relatives, guardians or other persons associated with the data subject
    Healthcare, social and welfare advisers or practitioners
    Business associates and other professional advisers
    Employees and agents of the data controller
    Other companies in the same group as the data controller
    Persons making an enquiry or complaint
    Police forces
    Voluntary and charitable organisations
    Religious organisations
    The media
    Other statutory law enforcement agencies, investigating bodies
    Transfers:

    Worldwide

    --------------------------------------------------------------------------------

    http://www.do-not-call.org

  • messenger
    messenger

    WT instructions, now you know...

    WATCH TOWER
    BIBLE AND TRACT SOCIETY OF PENNSYLVANIA
    THE RIDGEWAY LONDON NW7 1RN ENGLAND
    TELEPHONE 020 8906 2211
    SH October 20, 1998
    TO ALL BODIES OF ELDERS

    Dear Brothers:
    In an endeavour to simplify the work of congregation secretaries and to ensure we meet the requirements of the new Data Protection Act there are a number of initial adjustments that need to be made in each congregation. These supersede all previous directives. The enclosed letter for the congregation provides information for all to apply immediately with respect to the field ministry. We now want to address other matters of concern to the elders. Please note that the following directions apply with immediate effect.
    House-to-House Record (S-8) and Foreign-Language Follow-Up Slip (S-70a): Any of these forms on hand in the congregation should be destroyed immediately. We have stated that if details of an interested person, whether foreign-language or not, needs to be passed on to another publisher, it should be done VERBALLY. Naturally, the one receiving the details can make his own personal notes based on what he is being told. We should like to stress that this is the Society's direction in view of the new legislation.
    Do not call: When a householder makes this request, there is no restraint in your following the usual procedure of putting a note of this in the appropriate congregation's territory map
    Congregation's Publisher Record Card (S-21): It is important that the signing of these cards is done immediately on receipt of your congregation's supply. First, fill out the publisher's details on the top of the card and then have him sign in the space provided. If you have not received your congregation's supply, please contact our Shipping department.
    Keeping the Signed Congregation's Publisher Record Card: Once the publisher has signed a card this should be kept as a permanent record. There is no need to obtain his signature again when you start a new card. Only one signed record card per publisher is necessary. While ordinary record cards are destroyed after 8 years, the signed card will be kept indefinitely. When a publisher moves from your congregation to another it is important that the signed record card is transferred along with any other records and letter of introduction.
    When a Publisher Moves Into Your Congregation: The secretary will obtain the Congregation's Publisher Record Cards and letter of introduction in the normal way. He will take care to check that the signed record card has been received. If there is no signed record card, for example if it has been lost or if the publisher moved in from another country where cards are not signed, the secretary should get him to sign a new card before entering any of his field service activity. This signed card would be treated as above.

    Registered Office: IBSA House The Ridgeway London NW7 1 RNIncorporated in the United States of America. Company registered in England No. F4273. Charity Reg. No.241623

    To All Bodies of Elders
    October 20, 1998
    Page 2
    New Unbaptized Publishers: From now on, when someone is approved as an unbaptized publisher the secretary should approach him to obtain his necessary details. After filling in the top of the Congregation's Publisher Record Card have him sign the card in the space provided.
    Minors: For a publisher under the age of 18 you should have the Congregation's Publisher Record Card signed by one of his parents who is a baptized Witness. If neither of his parents is baptized then a record card will not be kept for him, though his field activity can still be included in the congregation's totals month-by-month. Once he becomes 18 you should have him sign a card himself even if one of his parents has signed one previously.
    Entering Information On, and Viewing, Congregation's Publisher Record Cards: This should be done only by elders. A publisher can view his own Record Card but not that of anyone else.
    Bible Study Reports (5-3): These will used for meeting attendance records only
    Brothers moving congregations within Britain: Always send a brief letter of introduction with the brother's Record Cards. Do not keep a copy of this letter. When the letter is received by the elders of his new congregation, it should be read to the assembled elders and then destroyed. Letters relating to known child molesters should be retained in the congregation's permanent file.
    Brothers moving to a congregation abroad: Before forwarding any personal records of a brother who has moved abroad to a new congregation, you should be certain to have his consent in writing. This is a requirement under the new Data Protection Act.
    Recommending appointment or deletion of elders or ministerial servants: If recommending a brother for appointment who has moved into your congregation since the last circuit overseer's visit, just send us a brief letter setting out your reasons for recommending him and include his previous elders' letter of recommendation. This letter should be signed by the service committee. There is no need to keep a copy of this letter for your own files.
    When recommending a brother for deletion write a brief report giving us the reasons for your recommendation. Do not put anything in this report that you have not discussed with the brother himself. Do not make a copy of this letter.
    Whether your letter is recommending a brother for appointment or deletion, do not keep any copies of the correspondence. As soon as the Society has handled the matter, we shall destroy our copies of the correspondence.
    If a brother appeals your recommendation for his deletion as an elder or ministerial servant, send us a brief letter setting out your recommendation for his deletion but that he has appealed, enclosing a copy of his letter of appeal. Do not put any details of the case in your letter to us and do not keep a copy of this letter. On receiving your letter, we might set up a special committee to hear the brother's appeal. As with disfellowshipping appeals, if the special committee upholds your

    To All Bodies of Elders
    October 20, 1998
    Page 3
    recommendation, the special committee will send us their letter, signed by all members of the committee giving each one's name and congregation. Your own letter of recommendation should be included with the special committee's report. No copies of these letters or any personal notes on the proceedings should be retained by elders or in the congregation's files. In due course we will advise you as to our decision.
    Handling Judicial Matters: The directives set out in "Pay Attention to Yourselves and To All the Flock" should be followed strictly with the following adjustments:
    Notification and Record of Disfellowshipping or Disassociation (S-77, S-79a, S-79b):A revised 5-77 form will be sent to you shortly. Therefore, amending our letter of September 1, 1998, please continue to use the 5-77 form and S-79a and b cards for notifying us of disfellowshippings and disassociations. Do not keep a copy of the 5-77 form or retain notes and other papers of the case. However, when it involves child molestation retain a copy of the S-77 form, but destroy any notes or reports in the usual way. It is vital that you do not delay in reporting to us all disfellowshipping and disassociation cases and this applies particularly when there is an appeal hearing.
    The congregation service committee should immediately review together the congregation's confidential file. On a piece of paper make a list entitled "List of Judicial Matters." For each judicial report in the file record the name of the individual (even if he has moved from your congregation), the date of the action or reproof, and the names of the members of the judicial committee that handled the matter, indicating who served as chairman and, if reinstated, the date of reinstatement. No other information should appear on this sheet. This procedure should be followed for those who were disfellowshipped, who disassociated themselves, or who were judicially reproved. Likewise, unbaptized publishers who have been dealt with in harmony with "Pay Attention to Yourselves and to All the Flock" pages 98, 99, can also be recorded on this list in the same way. For the time being, destroy all these files over five years old, with the exception of any that deal with known child molestation. To ensure confidentiality, the service committee will destroy by shredding or burning all envelopes, only retaining the S-79 card for the congregation's permanent file. Thereafter, the congregation secretary will keep the "List of Judicial Matters" up-to-date.
    When there is an appeal, follow the procedures outlined in "Pay Attention to Yourselves and To All the Flock," sending the S-77 form and cards prepared by the original committee along with the report of the appeal committee in the same special blue envelope. Do not keep any copies of this material, unless it involves child molestation. Do not retain personal notes of any hearing.
    Instructions For Recording Judicial Reproof: If the judicial committee decides not to disfellowship an individual, but rather reproves him privately or publicly, no written report is made. (If, after following advice from the Society's legal desk, an allegation of child molestation is investigated, such as after the secular authorities have completed their enquiries, a written report should be made and kept in a sealed envelope marked "Do Not Destroy" in the congregation's confidential file. This applies whether the wrongdoing is established or not. Write on the envelope the name of the person, the date and names of the elders handling the case.) The secretary will record basic details on the "List of Judicial Matters" as outlined above.

    To All Bodies of Elders
    October20, 1998
    Page 4
    Computers: For some years there has been legislation applying to data kept on computers. If a letter, for example, is prepared by means of a word processor, do not retain a copy on the computer. It should be destroyed in the same way that 'hard' copies of letters should be destroyed as outlined above.
    Data Processing: Under the new Data Protection Act 1998 a formal agreement must be signed between the congregation service committee and the Society. We will write to you about this in due course.
    The new Act allows for any person to have details of the responsible person (data controller) and the purpose of any data processing. If any person applies to you for this information, write to us immediately so that we can assist you in responding to the enquiry. Do not reply yourself to the enquirer before checking with us.
    We appreciate your assistance in making the above adjustments and in helping the publishers in your congregation to get used to these new arrangements. There is no need for these adjustments to interfere with our God-given commission of preaching the good news. As we co-operate with the "faithful and discreet slave" we know that our way will be made successful. (Matthew 24:45) Please accept our warm Christian greetings and best wishes.

    Your brothers,
    Watch Tower B. & T. Society of Pennsylvania
    [Official stamp appears here.]

    PS to Presiding Overseer: Please ensure that this letter is discussed with all the elders within one week of its receipt. Thank you.

  • Simon
    Simon

    Thanks Messenger !

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