F12: Constitutional amendment - GDPR Implementation and Risk Management

Federal Board

Mover: Peter Dunphy (Chair, Federal Finance and Resources Committee)

Summation: Baroness Brinton (President of the Liberal Democrats)

After Article 3.1 (b), insert:

(c) As a member of the Liberal Democrats, you must abide by the Party's data protection rules as laid out in the Member's Data Protection Code.

In 3.8, delete 'Data Protection Act registration' and insert 'data protection registration'.

In 6.6 (d), delete 'the Data Protection Act' and insert 'relevant data protection legislation'.

In 11.1 (d), delete 'overseeing the Party's risk management operations and its Risk Register' and insert 'overseeing the Party's compliance with external regulatory bodies, including the Electoral Commission and the Information Commissioner and carrying out the responsibilities established in Articles 8.5 and 12.3 of this Constitution in relation to the Political Parties, Elections and Referendums Act 2000 and as later amended'.

In 15.2, delete 'It shall oversee the Party's compliance with external regulatory bodies, including the Electoral Commission and the Information Commissioner, as well as associated risk management, and shall carry out the responsibilities established in Articles 8.5 and 12.3 of this Constitution in relation to the Political Parties, Elections and Referendums Act 2000 and as later amended', and insert 'It shall oversee the Party's risk management operations and its Risk Register'.

The existing text of relevant articles of the Federal Constitution:

3.1 (a) Membership of the Party is open to all persons who agree with its fundamental values and objectives without discrimination as to age, ethnic origin, religion, disability, gender or sexual orientation.

(b) As a Member of the Liberal Democrats, you must treat others with respect and must not bully, harass, or intimidate any Party member, member of Party staff, member of the Parliamentary staff, Party volunteer, or member of the public. Such behaviour will considered to be bringing the Party into disrepute.

3.8 A register of members shall be maintained by each State Party. A register of members resident outside Great Britain shall be maintained by a State Party designated by the Federal Board to act as agent for the Federal Party. Any body entitled to maintain a list of members may use the list for its own internal purposes. The Federal Party shall have direct access to such lists. Any body holding or having access to such lists shall ensure that the information contained in them is not disclosed to any person other than for the proper purposes of the Party. Party bodies shall comply with the directives of the Federal Board in relation to the Party's Data Protection Act registration.

6.6. The Federal Board shall have power, after appropriate consultations and subject to ratification by the Conference, to make and from time to time vary rules as to: (a) membership, subject to the provisions under Article 3; (b) criteria for Associated Organisation and Specified Associated Organisation status and for the regular review of bodies holding such status; (c) party elections, with any such rules providing for the use of STV (or, in the case of a single person vacancy, the Alternative Vote) and the secret ballot; (d) compliance with any statutory or regulatory provisions that are relevant to the party's activities, including the Political Parties, Elections and Referendums Act and the Data Protection Act; and (e) such other matters as it may consider necessary or desirable to give effect to or supplement the provisions of this Constitution, including those set out in Article 20.

11.1 There shall be a Federal Finance and Resources Committee ("FFRC") which shall be responsible to the Federal Board for:

(a) planning and administering the budget and finances of the Federal Party for the forthcoming year and in outline for following years;

(b) presenting the audited Annual Accounts to the Conference;

(c) overseeing the administration of the Federal Party including its Chief Executive, headquarters and other staff; and overseeing the role of the Party as an equal opportunities employer and the maintenance of staff grievance and disciplinary procedures; and

(d) overseeing the Party's risk management operations and its Risk Register.

The Committee shall report regularly to the Federal Board.

15.1 There shall be a Federal Audit & Scrutiny Committee (FASC) which shall be responsible to the Federal Board and shall report regularly to it.

15.2 The FASC shall be responsible for commissioning the Party's auditors and for representing the Party in any matters arising from the annual external audit. It shall report through the Federal Board to Conference including comment on the annual audited financial statements. It may also commission and oversee internal audit work related to the work of the Federal Party either on its own initiative or as requested by the Federal Board. It shall oversee the Party's compliance with external regulatory bodies, including the Electoral Commission and the Information Commissioner, as well as associated risk management, and shall carry out the responsibilities established in Articles 6.6(d) and 19.2 of this Constitution in relation to the Political Parties, Elections and Referendums Act 2000 and as later amended.

Applicability: Federal.

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