Basis for sharing Sample Clauses
Basis for sharing. This information is shared to enable the Peer Reviewer to peer review the Agency’s case files within the terms of the Consultancy Agreement The legislation requires that both Data Controllers and Data Processors meet certain obligations, which include compliance with the data protection principles. Both Parties to this agreement confirm that their processing of personal data complies with the requirements of the legislation Both Parties confirm that this data share complies with the legislation. Both Parties fully acknowledge and agree that all processing, including transition and storage, of the data will be in compliance with the legislation. The Agency fully accepts and acknowledges that it is responsible for collecting, processing and obtaining consent as defined in the legislation. The Peer Reviewer fully accepts and acknowledges that he/she is responsible for processing the data in line with terms of the Consultancy Agreement.
Basis for sharing. Please use this section to give the background around why the information must be shared. Outline the basis for sharing including relevant statutory powers, processing conditions and fairness. If there is a legislative or national target that is driving the need to share information please include this, as well as any timescales in terms of starting or finishing the information transfer.
Basis for sharing. 2.1 The Disclosing Party shall share and the Receiving Party shall manage and use the Shared Data in accordance with this Agreement.
2.2 The Receiving Party shall comply with all Data Protection Legislation in connection with the processing of the Shared Data and the exercise and performance of its respective rights and obligations under this Agreement and shall not by any act or omission cause the Disclosing Party (or any other person) to be in breach of any Data Protection Legislation.
2.3 The Disclosing Party shall comply with all Data Protection Legislation in respect of the performance of its obligations under this Agreement.
2.4 The parties agree that:
(a) the Disclosing Party and the Receiving Party shall be Controllers;
(b) this Agreement relates to the ongoing and routine sharing and ad-hoc sharing of the Shared Data; and
(c) it is necessary to share the Shared Data for the Permitted Purpose.
Basis for sharing. YOUNG PEOPLE
Basis for sharing. 3.1 Legal basis for sharing the personal information Article 6 of the General Data Protection Regulation 2016/679 For the creation of a CMC care plan Article 6(1)(a) is the legal basis (consent, as defined in data protection legislation). • An indication of consent provision by the person who has mental capacity to agree to having the support of a CMC care plan is required on the CMC care plan. (Where mental capacity to agree to having a plan is not available, the consent of the Lasting Power of Attorney for Health and Welfare where one exists or where not, the clinician’s decision in the best interests of the patient may be used. • Any process by which consent is obtained, how the discussion and decision are undertaken, gained and otherwise noted is the responsibility of the individual controller organisations to design and manage. For viewing (processing) the record by services including urgent care services Article 6(1)(e) is the legal basis (performance of a public task).
3.2 Legal basis for sharing the information special categories of personal information i.e. health information For the creation of a CMC care plan Article 9(2)(a) is the legal basis (consent, as defined in data protection legislation). Article 9 of the General Data Protection Regulation 2016/679 • An indication of consent provision by the person who has mental capacity to agree to having the support of a CMC care plan is required on the CMC care plan. (Where mental capacity to agree to having a plan is not available, the consent of the Lasting Power of Attorney for Health and Welfare where one exists or where not, the clinician’s decision in the best interests of the patient may be used. • Any process by which consent is obtained, how the discussion and decision are undertaken, gained and otherwise noted is the responsibility of the individual controller organisations to design and manage For viewing (processing) the record by services including urgent care services Article 9(2)(h) is the legal basis (medical purposes).
3.3 Legal Basis for sharing under the Common Law Duty of Confidence (see appendix) Implied consent. Health and Social Care Act requires health care providers to share information to enable direct care to take place.
3.4 If aggregated data for secondary uses, not direct care, consider whether any individuals may be identifiable from the information (and in conjunction with any other information available) If personal data, consider whether the information can be provide...
Basis for sharing. 4.1 This agreement fulfils the requirements of the following: The Data Protection Act 1998 (sections 29(3) & 35(2)). The Data Protection Act 1998 (Principle 1) Schedules 2 and 3 The Data Protection (Processing of Sensitive Personal Data) Order 2000/417 The Human Rights Act 1998 (article 8); The Freedom of Information Act 2000 The Crime and Disorder Act 1998 (section 115); Civil Contingencies Act 2000 Common Law Duty of Confidentiality Local Government Act The Children Act 1989 The Children Act 2004
4.2 Any information shared and the processes used to share such information will be compliant with the relevant Human Rights legislation.
Basis for sharing. 3.1 Legal basis for sharing personal information (such as any information relating to an identified or identifiable natural person) Article 6 There must be a legal basis for the sharing of personal information. If you are not sure then you should consult your legal teams. [Appendix 2 lists some of the legislation that is relevant to sharing information for different sectors. This may be of use.] Under Article 6: Articles 6(1)(e)- public task Articles 6(1)(d) -vital interests
3.2 Legal basis for sharing the information special categories of personal information (i.e. health information) Article 9 Under Article 9: 9
Basis for sharing. 6.1 Legal gateway (also known as the power to share data)
Basis for sharing. 3.1 This agreement is between the partners listed in 1.1.
3.2 In order to share information between partners there must be a defined and justifiable purpose(s) which includes reference to any appropriate underpinning legislation (see Appendix 2).
3.3 The legal basis that underpins this relationship and the duties and powers to facilitate the lawful sharing of appropriate information between the named organisations are summarised as follows:
(1) (e) - Necessary for the performance of a task carried out in the public interest/in the exercise of official authority vested in the controller GDPR Article 9(2)(h) special category data - processing is necessary for the purposes of…the provision of health or social care or support or treatment or the management of health or social care systems and services on the basis of UK law.; The Data Protection (Processing of Sensitive Personal Data) Order 2000/417 The Human Rights Act 1998 (article 8); The Freedom of Information Xxx 0000 Care Xxx 0000 Health and Social Care Xxx 0000 (regulation of regulated activities), (Section 20) The Crime and Disorder Xxx 0000 (section 115) Civil Contingencies Xxx 0000 Common Law Duty of Confidentiality Caldicott 2 Principles Local Government Act Protection of Xxxxxxxx Xxx 0000 Borders, Citizenship and Immigration Xxx 0000 Female Genital Mutilation Xxx 0000 Health and Safety at Work Xxx 0000 Safeguarding Vulnerable Groups Xxx 0000 The Rehabilitation of Offenders Xxx 0000, Section 4(2), by virtue of the Rehabilitation of Offenders Xxx 0000 (Exemptions) Order 1975 Computer Xxxxxx Xxx 0000; Environmental Information Regulations The Prevention of Crime Xxx 0000 Mental Health Xxx 0000 and subsequent amendments 1995, 2001 and 2007 Mental Xxxxxxxx Xxx 0000
3.4 Any information shared and the processes used to share such information will be compliant with the relevant Human Rights legislation.
Basis for sharing. 4.1 This agreement fulfils the requirements of the following: The Data Protection Xxx 0000 Data Protection Xxx 0000 The Human Rights Xxx 0000 & the European Convention on Human Rights The Freedom of Information Xxx 0000 Common Law Duty of Confidentiality GDPR 2018 Any information shared and the processes used to share such information will be compliant with the relevant Human Rights legislation.