Context 154 - May 2018

C O N T E X T 1 5 4 : M A Y 2 0 1 8 49 practice occupies a unique position, sitting astride the broad spectrum and evolution of disciplines analysing and shaping the built and historic environment, ‘legitimate interest’ offers the IHBC a surprisingly relevant and sympathetic route under the GDPR. Having already observed the duties of the data controller, the first step for the IHBC to establish a legitimate interest in the data we process is to frame an appropriate data policy under the GDPR. To do this we have agreed a legitimate interests assessment (LIA) – a publicly available document that underpins our data management operations (think heritage impact assessment). Guidance from the Information Commissioner’s Office (ICO) clearly outlines the LIA process, with emphasis by the IHBC: ‘There are three elements to the legitimate interests basis. It helps to think of this as a three-part test.You need to: identify a legitimate interest ; show that the processing is necessary to achieve it; and balance it against the individual’s interests, rights and freedoms .’ The IHBC and, through its own business plan commitments, its trading arm IHBC Enterprises, address the three principles of legitimate interest in our data holding and processing, in summary, as follows: Legitimate interest Retention of a broad, often historic body of data informs our understanding of the nature, evolution and progress of built and historic environment conservation practice as a young, distinctive and environmentally aware activity that claims a unique standing as an inter- disciplinary discipline that reflects national and international conservation standards and models. Processing is necessary As the institute represents a rapidly evolving discipline with a unique profile and standing, it may be possible to deliver services or to understand in depth the nature of conservation only through case-by-case studies or anonymised analysis. Balance against the individual’s interests, rights and freedoms Those signed up to IHBC membership, or membership of its predecessor, the Association of Conservation Officers, have lodged support in principle for the discipline, including, where applicable, to work to our Code of Conduct, which requires that they ‘take account of the legitimate concerns of those others involved in the conservation and preservation of the built heritage’. This summary of our assessment does no more than frame the approach to data that the IHBC may adopt where required for our legitimate work, and will not undermine the individual’s interests, rights and freedoms. However, its adoption does mean that the organisation can move forward with an informed understanding of how our approach to the management of data balances both its core corporate and charitable obligations to a discipline that our members endorse, while not reducing the no less important obligations to the rights of individual members. Critically, however, for all the efforts required in establishing our way forward, the LIA is still only our first step. That structured and informed data planning process, however, in advance of action, is a methodology that is surely only too familiar to conservation professionals like ourselves. Seán O’Reilly, www.linkedin.com/in/ drseanoreilly/, director@ihbc.org.uk To subscribe, order a sample copy or request advertising details please contact Cathedral Communications. 01747 871717 BUI LD ING · CONS ERVATION I NSTITUTE · OF · HI STORIC · CONTEXT , the IHBC’s members journal, goes out to all members five times a year. Keep in touch with the latest news and views and keep your finger on the pulse of professional building conservation. The home of the conservation professional INSTITUTE OF HISTORIC BUILDING CONSERVATION YEARBOOK 2018 THE IHBC YEARBOOK includes essential information on the institute, its members and the conservation industry, and features useful themed editorial articles and other information for front-line conservation and urban regeneration professionals. IHBC Annual School, Manchester Historic transport infrastructure: thebackboneof civilisation No151September2017 InstituteofHistoricBuildingConservation Floorscape Floorsof thegreatmedieval churches Britain’shistoricpaving Iron,glassandwoodunderfoot BathAbbey’sgeothermalfloor No152November2017 InstituteofHistoricBuildingConservation