PROGRAMME CONTRIBUTOR PRIVACY NOTICE
This notice explains how we handle your data when you take part in a programme we are producing. It includes the additional information at the end of the document (“Additional Information”) where we explain what we mean by “personal data”, “processing”, “special category data” and other terms used in the notice. This notice does not create contractual rights or obligations and may be amended by us at any time.
1. The data we hold and why we process it
We process data for the purposes of running our business including for production, broadcasting, distribution and marketing. The Additional Information section provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data.
2. Where the data comes from and who we share it with.
Some of the personal data that we process about you comes from you, which can include your name, age and email address. Other personal data about you is generated in the course of you taking part in the production and providing interviews and other filming contributions. It may be seen by our staff and contractors who are working on the production and we may also pass your data outside the organisation, for example for broadcast of the Programme itself, distribution and marketing purposes.
3. How long do we keep your personal data for?
We do not keep your personal data for any specific period but will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data for so long as you take part in a production and for a period afterwards as we may need to refer to production paperwork and programme rushes for the purposes of programme compliance and legal reasons.
4. Transferring data outside the EEA.
We may transfer your personal data outside the EEA where we have a foreign server storage provider. If you featured in a production, the data constituting your performance may be transferred out of the EEA for programme broadcast, distribution and marketing purposes.
5. Your rights
You have a right to make a subject access request to receive information about the data that we process about you, as set out in the Additional Information.
In processing your personal data, we act as a data controller and our main point of contact for data-related matters is Ben Sutton email@example.com
“personal data” is information relating to you that identifies you and includes not only facts about you, but also intentions and opinions about you.
Personal Data includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV. It also covers video, audio and images captured as part of a production.
"processing" means doing anything with the data, for example, it includes collecting it, holding it, disclosing it and deleting it.
“special category data” is Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “special category data”.
References in the Contributor Privacy Notice to work or services (and similar expressions) include any arrangement we may have under which an individual provides us services in relation to a production. We use the word “you” to refer to anyone within the scope of the notice.
2. Legal grounds for processing Personal Data
Under data protection law, there are various grounds for legitimately processing personal data. In some contexts more than one ground applies which are summarised below as Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
Processing necessary to comply with our legal obligations
|Ensuring we peform our legal and regulatory obligations. For example, compliance with the Ofcom broadcast code or other regulation.|
Processing necessary for our
or a third party's legitimate interests
|We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data. Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms.|
You have given specific
consent to processing your data
|In general processing of your data in connection with the services you provide is not conditional on your consent, although there may be general exceptions to this.|
3. Processing Special category data
If we process special category data about you, we will only carry this out for one of the permitted reasons under Schedule 8 of the Data Protection Act 2018, including where it is necessary at law or where there is substantial public interest in doing so.
4. Further information on data we process
The following is a short list of examples of what kind of personal data we may process and the grounds for doing so. We may also require criminal background checks for certain roles – for example those working with minors.
|Purpose||Examples of personal data that
may be processed
Grounds for processing
Information concerning your taking part in our productions and our assessment of it,
your references, any checks we may make to verify information provided or
background checks. If relevant, we may also process information concerning your health,
any disability and in connection with any adjustments to filming arrangements.
Contacting you or others
on your behalf
Your address and phone number, emergency contact information and information on
your next of kin.
Enabling the creation,
sale and distribution or
broadcast of a production
you are taking part in
Information connected with your participation including, the processing of images/
video/ audio of you.
Providing details in
with your seeking to
on other productons
Information on your taking part in one of our productions.
Monitoring of diversity
and equal opportunities
Information on your nationality, racial and ethnic origin,
gender, sexual orientation, religion, disability and age
as part of diversity monitoring initiatives. Such data will
be aggregated and used for equality of opportunity
monitoring purposes. Please note we may share
aggregated and anonymised diversity statistics with
regulators if formally required / requested.
Disputes and legal
Any information relevant or potentially relevant to a dispute
or legal proceeding affecting us.
Day to day business
marketing and travel
on our behalf
Information relating to your participation in a programme.
This may include a picture or profile of you.
Information regarding your travel arrangements and location.
business records during
and after your
participation in a
Information relating to your participation in one of our
If you are appearing in one of programmes, on some occasions we or third parties will rely upon exemptions to data protection rules in relation to journalistic freedom, the right to artistic expression or more generally, the right to freedom of expression (as mentioned in article 85 of the General Data Protection Regulation and in various jurisdictions’ data protection rules, for example in the UK’s Data Protection Bill section on the exemption for ‘journalistic, academic, artistic or literary purposes’.
5. Where data comes from
When you participate in one of our productions, the initial data about you that we process is likely to come from you: for example, contact details
6. Who gets to see your data
Internal use: Your personal data may be disclosed to our employees working on your production.
External use: We will only disclose your personal data outside our company if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you. We may disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy).
Specific circumstances in which your personal data may be disclosed include:
· Disclosure to external recipients of electronic communications (such as emails) which contain your personal data.
· Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request.
· If you have an on-screen role, disclosure of footage, images, or audio recordings of you as part of the broadcasting, distribution and marketing of the production. Or, whether you have an on-screen or off-screen role, to allow us to credit your role.
7. Retaining your Personal Data
Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data until the show has been produced and for a period afterwards. In considering how long to keep it, we will take into account its relevance to our business and your participation either as a record or in the event of a legal claim. Some data, such as production footage itself and credit information, will be kept indefinitely as we have an on-going legitimate interest in retaining the product.
8. Access to your Personal Data and other rights.
We try to be as open as we reasonably can about personal data that we process. If you would like specific information, just ask us.
You also have a legal right to make a “subject access request”. If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:
· Giving you a description and copy of the personal data
· Telling you why we are processing it
If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself, for example your address, you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent.
If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent
If you have complaints relating to our processing of your personal data, you should raise these with your key contact at the production in the first instance. You may also raise complaints with your statutory regulator. For contact and other details ask your key contact at the production.