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Posted by: londonuk ( )
Date: January 24, 2011 12:33PM

in the UK you can access your records under the Data Protection Act 1998. Here is a form letter for you to use. You may be interested if you ever had a church court - you can delete the part about disciplinary records if needed.

The ICO's website states: "It is best to send your request by recorded delivery or by email, and keep a copy of the request and all other correspondence. This will be important as evidence if you need to complain that the organisation has not given you the information you think you are entitled to."
 
So the letter should go as follows,
 
The Church of Jesus Christ of Latter-day Saints (Great Britain)
751 Warwick Road
Solihull, West Midlands
B91 3DQ

Dear Sir or Madam,
 
(Your full name and address and any other details to help identify you and the information you want. I think full name (maiden/married depending on your name when the information was recorded), address, membership number (if you know it - it's the same even if you resign/get disciplined) and date of birth would be good enough.) 

The Church of Jesus Christ of Latter-day Saints (Great Britain) ("the GB Church") is registered as a Data Controller under s.19 of the Data Protection Act 1998 ("the DPA").   Please supply me with copies of all the information I am entitled to under s.7(1) of the DPA. This information will include information held on file in the UK as well as disciplinary reports and any other information sent overseas to the Headquarters of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah, USA ("the Church").

The application of the DPA is defined in s.5, and considering that the GB Church is a 'branch' or part of the parent Church in the USA, s.5,(3),(d),(i) of the DPA would apply to the Church in the USA.  

The Church is established in the UK for the purposes of the DPA - and is, in its own words, responsible for "all membership and ecclesiastical files and records of members and former members of the Church in the United Kingdom". The Church in the UK is a branch of the parent body which uses a centralised repository system in the USA, belonging to its parent body to store information about individuals, decisions about whom have been made by the Church. Any information sent overseas to the Church would therefore still be subject to the UK legislation for the reasons detailed above and would be captured in my request by s.7(1) of the DPA.

I would also like to make note of Clause II,h,(iii), Annex A(5) of the 2004 data controller to data controller EU model clauses entered into by the Church regarding right of access. The GB Church will have to be able to action a request for personal data which has been transferred under those clauses.

I expect a response within 40 calendar days of receipt of this letter however if you need any more information from me, or a fee, please let me know as soon as possible.

Yours sincerely,   

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Posted by: Carol Y. ( )
Date: January 24, 2011 01:18PM


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Posted by: brigantia ( )
Date: January 24, 2011 03:18PM


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Posted by: SusieQ#1 ( )
Date: January 24, 2011 03:27PM

This is the first time I have seen an actual name and record for someone who resigned.

From your post Jan 21 Removing Your Name FOREVER

"I did however eventually recieve my membership record which lists my ward as "Excommunicated Records" and my stake as "Church Membership System". So my excommunication means that I am no longer a member but I am still on the "Church Membership System". I am sure there is a "ward" for those disfellowshipped, those on formal probation, and those who have resigned. All of these will probably come under Unit Number 418811 - "Church Membership System."

There you have it folks:
Excommunication Ward, Stake: Church Membership System

I read somewhere (can't find the reference, right now) that resignation is the same as excommunication in the LDS Church records system.

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Posted by: londonuk ( )
Date: January 25, 2011 02:52AM

I was actually excommunicated but I'm certain resignation is bases on the same principle.

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Posted by: brigantia ( )
Date: January 25, 2011 05:08AM

but the confirmation of resignation did not confirm that they'd done that. I intend to find out if they did as I asked.

Briggy

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Posted by: londonuk ( )
Date: January 25, 2011 06:03AM

When did you resign and ask your records to be destroyed? The form letter will help you get hold of the information they have on you - because if one thing is certain, they only MOVE your records and they keep disciplinary reports forever even after discipline has ended.

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Posted by: brigantia ( )
Date: January 25, 2011 06:56AM

and reported back on private stuff in my home, we are a part-member family.

I was put on probation or something (can't remember) whereupon I couldn't take the sacrament etc. for a short time.

Why oh why did I not leave then. My nevermo hubby never knew about the disciplinary as he'd have reamed them a good one. I like to keep the peace and thought at the time he wouldn't get it.

I think he knew something was wrong though because he chased the HTs off after that, on the grounds of their basic lack of manners. I can't check with him as he passed away 10 years ago.

Stupid I am? Yes!

Briggy

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Posted by: londonuk ( )
Date: January 25, 2011 07:21AM

If the 'sin' was brought before a disciplinary council, either before the entire Bishopric or Stake High Council then the reports are indefinately stored by the Church in Salt Lake. If it was informal probation, which means it was only the Bishop that asked you to stop taking the sacrament etc, and you didn't have a court/council then no record would have been formally kept and it would not have been noted on your membership record and no formal report would have been sent to the Office of the First Presidency.

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Posted by: EssexExMo-notloggedin ( )
Date: January 25, 2011 07:22AM

Can you also ask for any records, if you have not resigned and are not excomm.?

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Posted by: londonuk ( )
Date: January 25, 2011 07:31AM

Sorry my reply is further down the post starting "Yes of course!"

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Posted by: londonuk ( )
Date: January 25, 2011 07:30AM

Yes of course! It's the law in the UK that you have access to your personal information that an organisation holds. You could just adapt the letter above by taking out "disciplinary reports and" but keeping the part about information sent overseas because thus will include all data Salt Lake hold on you. Even if you are not, and never were a member, but investigated you can ask for copies of any investigator records they have on file - these are normally kept in missionary apartments but could be in the mission office if they are old records.

Hope that helps!

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Posted by: Jon ( )
Date: January 25, 2011 07:49AM

Have you noticed that Church disciplinary action makes it easier for people to leave the Church?
Instead of punishing you for wrong doing they actually make your life easier.

Stop taking the Sacrament = people too embarrassed to be seen taking the sacrament stop going to sacrament meeting
Withdrawal of Temple Recommend = no reason to pay tithing or wear garmies
Excommunication = yahoo I'm free
Not allowed to be a HT/VT = thats another two free nights a month

This is liking saying to a child who forgot to do their homework "right, you are banned from receiving more homework until you have shown yourself good enough to get it issued again"

Hmmm.....

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Posted by: Otremer ( )
Date: January 25, 2011 08:58AM

Could persons not residing in the UK not also submit records demands through a UK address? And what keeps the Morg from just simply lying (yet again) and sending a standard form letter claiming not to have any records of anything?

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Posted by: londonuk ( )
Date: January 25, 2011 09:24AM

You may even be able to submit a request from outside of the UK but they would only be able to give you information collected by the legal entity of the Church in the UK - and any information originating in the UK that was sent overseas.

They could lie again and claim what you said - but that also means that they would be claiming that you could just get baptised again without any "thorough interview" or reconveined "disciplinary council" because they have no record of you ever being a member. They first claimed with my request that they could not "find" my disciplinary report not that it didn't exist! They later admitted that it had been sent overseas without any copy being retained in the UK. They then claimed that the law did not apply to records transferred outsid the UK - but if you look up the references in the letter above you will see that is false.

They could try and lie their way out of it but the authority in the UK has asked then to review the way they handled my request because the formal legal view the authority obtained was that by not providing the reports they were in breach of the Act. A record remains on file so if others have problems accessing their data then they cab complain and the authority will see they are still playing the same games despite being previously advised against acting in such a way. A friend received a copy of all emails sent about him by his SP and all disciplinary records, but he made his request at the time of his council, before they were sent overseas so the Church couldn't make excuses.

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Posted by: SEcular Priest ( )
Date: January 25, 2011 11:11AM

I went to Salt Lake City several years ago to the giant building.

Ask to see my Court of Love Records. Was told "no I can not see them as they are confidential. I would need a court order to see them."

Went to the membership dept to look at my records. Asked if my name was TAGGED. She looked at me like I did not know what I was talking about!!! I explained to her what I knew about tagging. She looked back at the record, took awhile and said "no." She would not let me see my membership record. It is different than the ward records. Has a whole lot more information because 25 years ago I did see it in Salt Lake City.

TAGGING is where they have a code on your membership to alert your Stake President or Bishop this person is trouble. Gives them a heads up. I knew I was tagged but wanted to see how honest they were.

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Posted by: UK-Sinner ( )
Date: January 25, 2011 01:59PM

I meant to post this months ago, when poster 'Richard UK' was having a head to head with the morg in the UK, regarding the Data Protetion act.

This is a church memo which I saw on the noticeboard of a ward that I visited in the UK a couple of years ago. I haven't seen it on any other ward notice board & annoyingly it isn't printed onto headed paper (the cynic in me thinks that detail is no accident grrrrr!) but I assume that it is a memo that was circulated to all units in the UK.

Anyway, finally here is a scan of the said document.

I'm no expert on the legalities of the DPA but point 5 looks like very questionable practice to say the least.

Likewise, who honestly believes (point 3) that a members permission will always be asked when shipping their information between the UK & Salt Lake? If the storing of information truly is voluntary, then surely by requesting that all information is removed from the records......it should be done right?

http://s1196.photobucket.com/albums/aa407/UK-Sinner/?action=view&current=DataProtection.jpg

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Posted by: londonuk ( )
Date: January 26, 2011 05:22AM

Hi UK Sinner - changed my login because it didn't seem to work anymore. I got a copy of the 'policy' above from the Dsta Privacy Officer - who is a lawyer. It's a very weak document and I'm certain it's not even used by the lay ecclesiastical leaders. It doesn't even mention the DPA! The church lawers even deny the 'local law' and access rights which the above form letter I've written explains clearly (if you look up the legal documents that is). I'm waiting for a letter to arrive soon based on the church's response to the Information Commissioner. We'll see what their reply is!

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