# Fundraising Regulator opens Code Consultation on Data Protection

- Link: https://fundraising.co.uk/2017/10/05/fundraising-regulator-opens-code-consultation-data-protection/
- Published: 2017-10-05T10:58:45+01:00
- Author: Melanie May

**The Fundraising Regulator has announced the opening of a Code Consultation on 
Data Protection, to enable charities, fundraisers and the public to provide feedback
on proposed changes to the Code regarding data protection. **

The F[undraising Regulator](https://www.fundraisingregulator.org.uk/)’s [consultation](https://www.fundraisingregulator.org.uk/code-of-fundraising-practice/consultations/code-consultation-october-2017/)
will run from October to December of this year and seeks to update the Code to mirror
the upcoming GDPR legislation, and to address the issues identified in the number
of penalty notices levied by the Information Commissioner’s Office (ICO) in the 
last two years.

As well as ensuring the Code adheres to GDPR, proposed changes also include ensuring
rules on data protection are more accessible by improving signposting to existing
ICO and Fundraising Regulator guidance, as well as adding and expanding definitions
for key terms.

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Additionally, acting on the recommendations of the NCVO working group into charities’
relationship with donors, the Fundraising Regulator also wants to address calls 
for greater clarity on legitimate interest. Therefore, it is proposing three new
sections for the Code:

 * **Legitimate Interest**: Incorporating GDPR and recommendations by the NCVO working
   group on donor communications
 * **Processing**: Emphasising that, where activities are conducted using an individual’s
   personal data, this will count as ‘processing’ and data protection rules will
   apply
 * **Consent**: Incorporating draft ICO GDPR guidance from May 2018

The Code is expected to be finalised in spring of next year, when it will be published
and the changes implemented.

Suzanne McCarthy, Chair of the Fundraising Regulator’s Standard Committee said:

> “Protecting personal data is a fundamental part of meeting the key principles 
> of legal, open, honest and respectful fundraising within the Code. We welcome 
> views on whether the changes proposed are clear in communicating fundraisers’ 
> legal and ethical responsibilities on data.”

The proposals can be viewed on the [consultation page of the Regulator’s site](https://www.fundraisingregulator.org.uk/code-of-fundraising-practice/consultations/code-consultation-october-2017/).

 * **[71% of marketers see creative opportunity in GDPR](https://fundraising.co.uk/2017/11/16/71-marketers-see-creative-opportunity-gdpr/)**(
   16 November 2017)
 * **[Institute of Fundraising & Fundraising Regulator publish bite-size GDPR guidance](https://fundraising.co.uk/2018/03/02/institute-fundraising-fundraising-regulator-publish-bite-size-gdpr-guidance/)**(
   2 March 2018)
 * **[GDPR: barristers-at-law debunk five legal myths](https://fundraising.co.uk/2018/05/31/gdpr-barristers-at-law-debunk-five-legal-myths/)**(
   31 May 2018)

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