Common use of Access to Personal Information Clause in Contracts

Access to Personal Information. 7.1 Everyone has the right to ask to see what information an organisation holds which relates to them. The Parties have existing informal routes to give individuals access to the information held, which are encouraged and should continue to operate even in a joint working environment. However, the informal routes will not always provide access to complete files, which the formal right covers. This Protocol accordingly spells out how this right will be given effect to in a joint working environment. The basic principle applied is that a subject access request addressed to either organisation will be taken to include any information relating to them which has been provided by the other Party, including information on any jointly held databases or held in a joint working environment such as a Community Health and Care Partnership. However, if there is any such shared information then a joint team meeting will be held to consider whether specific rules relating to health, social work or education files apply to any of the information concerned (and which might mean the individual is not given access to that information). This joint team meeting will also consider whether it would be appropriate to charge for the access request. The Parties have a policy of being as open with people as possible, but there are circumstances (described in paragraph 7.5 and 7.6 below) where someone will not be given full access to their file. 7.2 The Parties have existing procedures for processing subject access requests. It is recognised that not everyone will wish to see all the information held on them but may instead be interested in one particular issue. To facilitate this, and in addition to assisting those who might have difficulty in reading or understanding a copy of their file, the Parties permit individuals to attend their offices and inspect/be talked through their file, with appropriate explanations (and where appropriate, the offer of counselling) from professional staff. The Parties have existing accessibility strategies and access to translating and interpreting services should these be required to facilitate access by those with disabilities or for whom English is not their first language. 7.3 Any request to either the Board or the Local Authorities will be taken to include shared information which that Party has access to. The subject access procedures followed by both Parties therefore include searching any joint databases where appropriate, to ensure that all relevant information is located and, unless exempt (on which see paragraph 7.5) provided to the applicant. A request made to a joint team (such as a Community Health and Care Partnership) will be processed by whichever of the Parties appears most directly involved with the subject matter of the request. 7.4 A subject access request also includes the obligation on the data controller to advise the data subject as to the purpose the information is held and any potential recipients of that information. In terms of this Protocol, the Parties agree that they may refer to the fair processing material described in paragraph 3.3 above, and to this Protocol, Where information has been received by one Party from another, this will be clearly explained to the data subject (and the Parties will ensure that their records management procedures relating to joint working are able to capture this information). 7.5 The Parties agree that, consistent with their respective obligations under the Data Protection Act 1998 (and regulations made under the Act), not all information exchanged in terms of this Protocol should be released in response to a subject access request. In particular, care needs to be taken in respect of requests relating to Schedule 1 offenders, adults with mental incapacity, children, and deceased persons. The Parties agree to issue local guidance to their staff on how to respond to requests relating to these groups. 7.6 Information may be withheld in responding to a subject access for a number of reasons listed in the Data Protection Xxx 0000. In terms of the information shared in terms of this Protocol, information may be withheld on various grounds. The following are the most obvious examples but this list is not exhaustive and where appropriate (and if necessary following the joint team meeting referred to in paragraph 7.1) information may be withheld on other grounds permitted by the Act or regulations. 7.6.1 Schedule 1 offenders: information may be withheld which would prejudice any ongoing investigations or prosecutions, or would permit confidential witnesses or complainers to be identified, or would increase the risk posed by the offender to third parties; in the case of investigations, the fact that information is being withheld may itself be withheld to avoid tipping someone off about the fact that the investigation is taking place 7.6.2 Children and adults with incapacity: since by definition the request must be being made by someone acting on the data subject’s behalf, information may be withheld if the data subject has made it clear that they did not expect or wish the person acting on their behalf to see the information 7.6.3 In the case of children, a request may be declined if the Parties feel that the person making the request is exercising their parental rights by making the request other than in the best interests of the child

Access to Personal Information. 7.1 ‌ 6.1.1 Everyone has the right to ask to see what information an organisation holds which relates to them. The Parties have existing informal routes to give individuals access to the information held, which are encouraged and should continue to operate even in a joint working environment. However, the informal routes will not always provide access to complete files, which the formal right covers. This Protocol accordingly spells out how this right will be given effect to in a joint working environment. . 6.1.2 The basic principle applied is that a subject access request addressed to either organisation will be taken to include any information relating to them which has been provided by the other Party, including information on any jointly held databases or held in a joint working environment such as a Community Health and Care PartnershipPartnership (see paragraph 3.1). However, if there is any such shared information then a joint team meeting will be held to consider whether specific rules relating to health, social work or education files apply to any of the information concerned (and which might mean the individual is not given access to that information). This joint team meeting will also consider whether it would be appropriate to charge for the access request. The Parties have a policy of being as open with people as possible, but there are circumstances (described in paragraph 7.5 6.2.1 and 7.6 6.2.2 below) where someone will not be given full access to their file. 7.2 6.1.3 The Parties have existing procedures for processing subject access requests. It is recognised that not everyone will wish to see all the information held on them but may instead be interested in one particular issue. To facilitate this, and in addition to assisting those who might have difficulty in reading or understanding a copy of their file, the Parties permit individuals to attend their offices and inspect/be talked through their file, with appropriate explanations (and where appropriate, the offer of counselling) from professional staff. The Parties have existing accessibility strategies and access to translating and interpreting services should these be required to facilitate access by those with disabilities or for whom English is not their first language. 7.3 6.1.4 Any request to either the Board or the Local Authorities will be taken to include shared information which that Party has access to. The subject access procedures followed by both Parties therefore include searching any joint databases where appropriate, to ensure that all relevant information is located and, unless exempt (on which see paragraph 7.56.2) provided to the applicant. A request made to a joint team (such as a Community Health and Care Partnership) will be processed by whichever of the Parties appears most directly involved with the subject matter of the request. 7.4 6.1.5 A service user who wishes to request a copy of all the information on them held by each of the Board and Local Authorities must be advised that this can only be done by making separate requests, one addressed to each Party, from whom they want information. 6.1.6 A subject access request also includes the obligation on the data controller to advise the data subject as to the purpose the information is held and any potential recipients of that information. In terms of this Protocol, the Parties agree that they may refer to the fair processing material described in paragraph 3.3 above, and to this Protocol, Where information has been received by one Party from another, this will be clearly explained to the data subject (and the Parties will ensure that their records management procedures relating to joint working are able to capture this information). 7.5 The Parties agree that, consistent with their respective obligations under the Data Protection Act 1998 (and regulations made under the Act), not all information exchanged in terms of this Protocol should be released in response to a subject access request. In particular, care needs to be taken in respect of requests relating to Schedule 1 offenders, adults with mental incapacity, children, and deceased persons. The Parties agree to issue local guidance to their staff on how to respond to requests relating to these groups. 7.6 Information may be withheld in responding to a subject access for a number of reasons listed in the Data Protection Xxx 0000. In terms of the information shared in terms of this Protocol, information may be withheld on various grounds. The following are the most obvious examples but this list is not exhaustive and where appropriate (and if necessary following the joint team meeting referred to in paragraph 7.1) information may be withheld on other grounds permitted by the Act or regulations. 7.6.1 Schedule 1 offenders: information may be withheld which would prejudice any ongoing investigations or prosecutions, or would permit confidential witnesses or complainers to be identified, or would increase the risk posed by the offender to third parties; in the case of investigations, the fact that information is being withheld may itself be withheld to avoid tipping someone off about the fact that the investigation is taking place 7.6.2 Children and adults with incapacity: since by definition the request must be being made by someone acting on the data subject’s behalf, information may be withheld if the data subject has made it clear that they did not expect or wish the person acting on their behalf to see the information 7.6.3 In the case of children, a request may be declined if the Parties feel that the person making the request is exercising their parental rights by making the request other than in the best interests of the child

Access to Personal Information. 7.1 6.1.1 Everyone has the right to ask to see what information an organisation holds which relates to them. The Parties have existing informal routes to give individuals access to the information held, which are encouraged and should continue to operate even in a joint working environment. However, the informal routes will not always provide access to complete files, which the formal right covers. This Protocol accordingly spells out how this right will be given effect to in a joint working environment. . 6.1.2 The basic principle applied is that a subject access request addressed to either organisation will be taken to include any information relating to them which has been provided by the other Party, including information on any jointly held databases or held in a joint working environment such as a Community Health and Care PartnershipPartnership (see paragraph 3.1). However, if there is any such shared information then a joint team meeting will be held to consider whether specific rules relating to health, social work or education files apply to any of the information concerned (and which might mean the individual is not given access to that information). This joint team meeting will also consider whether it would be appropriate to charge for the access request. The Parties have a policy of being as open with people as possible, but there are circumstances (described in paragraph 7.5 6.2.1 and 7.6 6.2.2 below) where someone will not be given full access to their file. 7.2 6.1.3 The Parties have existing procedures for processing subject access requests. It is recognised that not everyone will wish to see all the information held on them but may instead be interested in one particular issue. To facilitate this, and in addition to assisting those who might have difficulty in reading or understanding a copy of their file, the Parties permit individuals to attend their offices and inspect/be talked through their file, with appropriate explanations (and where appropriate, the offer of counselling) from professional staff. The Parties have existing accessibility strategies and access to translating and interpreting services should these be required to facilitate access by those with disabilities or for whom English is not their first language. 7.3 6.1.4 Any request to either the Board or the Local Authorities will be taken to include shared information which that Party has access to. The subject access procedures followed by both Parties therefore include searching any joint databases where appropriate, to ensure that all relevant information is located and, unless exempt (on which see paragraph 7.56.2) provided to the applicant. A request made to a joint team (such as a Community Health and Care Partnership) will be processed by whichever of the Parties appears most directly involved with the subject matter of the request. 7.4 6.1.5 A service user who wishes to request a copy of all the information on them held by each of the Board and Local Authorities must be advised that this can only be done by making separate requests, one addressed to each Party, from whom they want information. 6.1.6 A subject access request also includes the obligation on the data controller to advise the data subject as to the purpose the information is held and any potential recipients of that information. In terms of this Protocol, the Parties agree that they may refer to the fair processing material described in paragraph 3.3 above, and to this Protocol, Where information has been received by one Party from another, this will be clearly explained to the data subject (and the Parties will ensure that their records management procedures relating to joint working are able to capture this information). 7.5 The Parties agree that, consistent with their respective obligations under the Data Protection Act 1998 (and regulations made under the Act), not all information exchanged in terms of this Protocol should be released in response to a subject access request. In particular, care needs to be taken in respect of requests relating to Schedule 1 offenders, adults with mental incapacity, children, and deceased persons. The Parties agree to issue local guidance to their staff on how to respond to requests relating to these groups. 7.6 Information may be withheld in responding to a subject access for a number of reasons listed in the Data Protection Xxx 0000. In terms of the information shared in terms of this Protocol, information may be withheld on various grounds. The following are the most obvious examples but this list is not exhaustive and where appropriate (and if necessary following the joint team meeting referred to in paragraph 7.1) information may be withheld on other grounds permitted by the Act or regulations. 7.6.1 Schedule 1 offenders: information may be withheld which would prejudice any ongoing investigations or prosecutions, or would permit confidential witnesses or complainers to be identified, or would increase the risk posed by the offender to third parties; in the case of investigations, the fact that information is being withheld may itself be withheld to avoid tipping someone off about the fact that the investigation is taking place 7.6.2 Children and adults with incapacity: since by definition the request must be being made by someone acting on the data subject’s behalf, information may be withheld if the data subject has made it clear that they did not expect or wish the person acting on their behalf to see the information 7.6.3 In the case of children, a request may be declined if the Parties feel that the person making the request is exercising their parental rights by making the request other than in the best interests of the child

Access to Personal Information. 7.1 6.1.1 Everyone has the right to ask to see what information an organisation holds which relates to them. The Parties have existing informal routes to give individuals access to the information held, which are encouraged and should continue to operate even in a joint working environment. However, the informal routes will not always provide access to complete files, which the formal right covers. This Protocol accordingly spells out how this right will be given effect to in a joint working environment. . 6.1.2 The basic principle applied is that a subject access request addressed to either organisation a particular Party will be taken to include any information relating to them the requestor which has been provided by the other another Party, including information on any jointly held databases or held in a joint working environment such as a Community Health and Social Care PartnershipPartnership (see paragraph 1. 1.1). However, if there is any such shared information then a joint team meeting will be held to 3.1) for data subject to consider whether specific rules relating to health, social work or education files apply joint data control a subject access request to any of the information concerned (and which might mean the individual is not given access to that information). This joint team meeting controllers will also consider whether it would be appropriate to charge for the access request. The Parties have a policy of being treated as open with people as possible, but there are circumstances (described in paragraph 7.5 and 7.6 below) where someone will not be given full access to their filehaving all jointly controlled data within its scope. 7.2 6.1.3 The Parties have existing procedures for processing subject access requests. It is recognised that not everyone will wish to see all the information held on them but may instead be interested in one particular issue. To facilitate this, and in addition to assisting those who might have difficulty in reading or understanding a copy of their file, the Parties permit individuals to attend their offices and inspect/be talked through their file, with appropriate explanations (and where appropriate, the offer of counselling) from professional staff. The Parties have existing accessibility strategies and access to translating and interpreting services should these be required to facilitate access by those with disabilities or for whom English is not their first language. 7.3 6.1.4 Any request to either the Board or Board, the Local Authorities or the IJBs will be taken to include shared information which that Party that party has access toto where the request either specifies that information or is sufficiently wide in scope (following any necessary clarification) to be taken to include such shared information. The subject access procedures followed by both Parties therefore include searching any joint databases where appropriate, to ensure that all relevant information is located and, unless exempt (on which see paragraph 7.56.2) provided to the applicant. A request made to a joint team (such as a Community Health and Social Care Partnership) will be processed by whichever of the Parties appears most directly involved with the subject matter of the request. 7.4 6.1.5 A service user who wishes to request a copy of all the information on them held by each of the Board, the IJBs and the Local Authorities must be advised that this can only be done by making separate requests, one addressed to each Party, from whom they want information. 6.1.6 A subject access request also includes the obligation on the data controller to advise the data subject as to the purpose the information is held and any potential recipients of that information. In terms of this Protocol, the Parties agree that they may refer to the fair processing material described in paragraph 3.3 above, and to this Protocol, Where information has been received by one Party from another, this will be clearly explained to the data subject (and the Parties will ensure that their records management procedures relating to joint working are able to capture this information). 7.5 The Parties agree that, consistent with their respective obligations under the Data Protection Act 1998 (and regulations made under the Act), not all information exchanged in terms of this Protocol should be released in response to a subject access request. In particular, care needs to be taken in respect of requests relating to Schedule 1 offenders, adults with mental incapacity, children, and deceased persons. The Parties agree to issue local guidance to their staff on how to respond to requests relating to these groups. 7.6 Information may be withheld in responding to a subject access for a number of reasons listed in the Data Protection Xxx 0000. In terms of the information shared in terms of this Protocol, information may be withheld on various grounds. The following are the most obvious examples but this list is not exhaustive and where appropriate (and if necessary following the joint team meeting referred to in paragraph 7.1) information may be withheld on other grounds permitted by the Act or regulations. 7.6.1 Schedule 1 offenders: information may be withheld which would prejudice any ongoing investigations or prosecutions, or would permit confidential witnesses or complainers to be identified, or would increase the risk posed by the offender to third parties; in the case of investigations, the fact that information is being withheld may itself be withheld to avoid tipping someone off about the fact that the investigation is taking place 7.6.2 Children and adults with incapacity: since by definition the request must be being made by someone acting on the data subject’s behalf, information may be withheld if the data subject has made it clear that they did not expect or wish the person acting on their behalf to see the information 7.6.3 In the case of children, a request may be declined if the Parties feel that the person making the request is exercising their parental rights by making the request other than in the best interests of the child

Access to Personal Information. 7.1 Everyone has the right to ask to see what information an organisation holds which relates to them. The Parties have existing informal routes to give individuals access to the information held, which are encouraged and should continue to operate even in a joint working environment. However, the informal routes will not always provide access to complete files, which the formal right covers. This Protocol accordingly spells out how this right will be given effect to in a joint working environment. The basic principle applied is that a subject access request addressed to either organisation will be taken to include any information relating to them which has been provided by the other Party, including information on any jointly held databases or held in a joint working environment such as a Community Health and Care Partnership. However, if there is any such shared information then a joint team meeting will be held to consider whether specific rules relating to health, social work or education files apply to any of the information concerned (and which might mean the individual is not given access to that information). This joint team meeting will also consider whether it would be appropriate to charge for the access request. The Parties have a policy of being as open with people as possible, but there are circumstances (described in paragraph 7.5 and 7.6 below) where someone will not be given full access to their file.should 7.2 The Parties have existing procedures for processing subject access requests. It is recognised that not everyone will wish to see all the information held on them but may instead be interested in one particular issue. To facilitate this, and in addition to assisting those who might have difficulty in reading or understanding a copy of their file, the Parties permit individuals to attend their offices and inspect/be talked through their file, with appropriate explanations (and where appropriate, the offer of counselling) from professional staff. The Parties have existing accessibility strategies and access to translating and interpreting services should these be required to facilitate access by those with disabilities or for whom English is not their first language. 7.3 Any request to either the Board or the Local Authorities will be taken to include shared information which that Party has access to. The subject access procedures followed by both Parties therefore include searching any joint databases where appropriate, to ensure that all relevant information is located and, unless exempt (on which see paragraph 7.5) provided to the applicant. A request made to a joint team (such as a Community Health and Care Partnership) will be processed by whichever of the Parties appears most directly involved with the subject matter of the request. 7.4 A subject access request also includes the obligation on the data controller to advise the data subject as to the purpose the information is held and any potential recipients of that information. In terms of this Protocol, the Parties agree that they may refer to the fair processing material described in paragraph 3.3 above, and to this Protocol, Where information has been received by one Party from another, this will be clearly explained to the data subject (and the Parties will ensure that their records management procedures relating to joint working are able to capture this information). 7.5 The Parties agree that, consistent with their respective obligations under the Data Protection Act 1998 (and regulations made under the Act), not all information exchanged in terms of this Protocol should be released in response to a subject access request. In particular, care needs to be taken in respect of requests relating to Schedule 1 offenders, adults with mental incapacity, children, and deceased persons. The Parties agree to issue local guidance to their staff on how to respond to requests relating to these groups. 7.6 Information may be withheld in responding to a subject access for a number of reasons listed in the Data Protection Xxx 0000Act 1998. In terms of the information shared in terms of this Protocol, information may be withheld on various grounds. The following are the most obvious examples but this list is not exhaustive and where appropriate (and if necessary following the joint team meeting referred to in paragraph 7.1) information may be withheld on other grounds permitted by the Act or regulations.The 7.6.1 Schedule 1 offenders: information may be withheld which would prejudice any ongoing investigations or prosecutions, or would permit confidential witnesses or complainers to be identified, or would increase the risk posed by the offender to third parties; in the case of investigations, the fact that information is being withheld may itself be withheld to avoid tipping someone off about the fact that the investigation is taking place 7.6.2 Children and adults with incapacity: since by definition the request must be being made by someone acting on the data subject’s behalf, information may be withheld if the data subject has made it clear that they did not expect or wish the person acting on their behalf to see the information 7.6.3 In the case of children, a request may be declined if the Parties feel that the person making the request is exercising their parental rights by making the request other than in the best interests of the child