COMPLIANCE STATEMENT - UK/SCOTTISH LEGISLATION Sample Clauses

COMPLIANCE STATEMENT - UK/SCOTTISH LEGISLATION. 3.1 All investigations undertaken by CFS will be conducted in compliance with relevant legislation, including to the extent applicable the Criminal Procedure (Scotland) Act 2016, the Criminal Justice and Licensing (Scotland) Act 2010, the Investigatory Powers Act 2016 (“IPA”), the Regulation of Investigatory Powers (Scotland) Act 2000 (“RIP(S)A”), the Data Protection Act 2018, the UK General Data Protection Regulation (Regulation (EU) 2016/679 and 2016/680) (together referred to in this Agreement as “Data Protection Legislation” as more particularly detailed in Appendix I of this Agreement); and all relevant Codes of Practice, recognising the considerations of the Human Rights Act 1998. 3.2 The National Patient Exemption Checking Programme will comply with the National Health Service (Penalty Charge) (Scotland) Regulations 1999. 3.3 Health Boards and CFS must comply with the provisions of the Freedom of Information (Scotland) Act 2002 (“FOISA”) and all relevant Codes of Practice. Therefore, all provisions of this Agreement shall be construed as being subject to, and shall not override, any Health Boards’ or CFS’ compliance obligations in relation to FOISA.
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COMPLIANCE STATEMENT - UK/SCOTTISH LEGISLATION. 3.1. All investigations undertaken by CFS investigators will be conducted in compliance with relevant legislation including to the extent applicable the Criminal Procedure (Scotland) Act 1995, the Criminal Justice and Licensing (Scotland) Act 2010 the Regulation of Investigatory Powers Act 2000, the Regulation of Investigatory Powers (Scotland) Act 2000 (“RIP(S)A”), the Data Protection Act 1998 (the “1998 Act”) and all relevant Codes of Practice, recognising the considerations of the Human Rights Act 1998. 3.2. The National Patient Exemption Checking Programme will comply with the National Health Service (Penalty Charge)(Scotland) Regulations 1999. 3.3. CFS will ensure that confidential and/or personal information obtained or created by the organisation, is dealt with appropriately and, where relevant, processed in accordance with the 1998 Act. NSS is registered as a Data Controller (as defined in the 1998 Act) on the Information Commissioner's Register of Data Controllers, which registration covers the work of CFS. 3.4. When acting as a Data Processor (as defined in the 1998 Act), CFS undertakes to:- 3.4.1. comply with the obligations of a Data Controller (as defined in the 1998 Act) under the 1998 Act (seventh principle). 3.4.2. have in place appropriate technical and organisational measures to protect any personal data accessed, or processed, by CFS against unauthorised or unlawful processing and against accidental loss or destruction or damage, and in this regard, shall take all reasonable steps to ensure the reliability of its staff who may have access to personal data processed for Health Boards. 3.4.3. only act on the instructions of Health Boards in relation to the processing of any personal data provided to CFS by them, on their behalf, or by their employees. 3.4.4. to allow representatives from relevant Health Boards to access relevant premises owned, or controlled, by CFS on reasonable notice to inspect the procedures described at 3.3 above, and, on request from time to time, to prepare a report for Health Boards in relation to the current technical and organisational measures used by CFS to protect personal data processed for Health Boards. 3.5. CFS will ensure that it adheres to the principles of the 1998 Act including ensuring that data it processes as a Data Controller (as such term is defined in the 1998 Act) in relation to living individuals is: 3.5.1. as accurate as possible, and retained for no longer than is necessary, in accordance wit...
Sample 1
COMPLIANCE STATEMENT - UK/SCOTTISH LEGISLATION. 3.1. All investigations undertaken by CFS investigators will be conducted in compliance with relevant legislation including to the extent applicable the Criminal Procedure (Scotland) Act 1995, the Regulation of Investigatory Powers Act 2000, the Regulation of Investigatory Powers (Scotland) Act 2000 (“RIP(S)A”), the Data Protection Act 1998 (the “1998 Act”) and all relevant Codes of Practice, recognising the considerations of the Human Rights Act 1998. 3.2. CFS will ensure that confidential and/or personal information obtained or created by it is dealt with appropriately and, where relevant, processed in accordance with the 1998 Act. NSS is registered as a Data Controller (as defined in the 1998 Act) on the Information Commissioner's Register of Data Controllers, which registration covers the work of CFS. 3.3. When acting as a Data Processor (as defined in the 1998 Act), CFS undertakes to:- 3.3.1. comply with the obligations of a Data Controller (as defined in the 1998 Act) under the 1998 Act (seventh principle); 3.3.2. have in place appropriate technical and organisation measures to protect any personal data accessed or processed by CFS against unauthorised or unlawful processing and against accidental loss or destruction or damage, and in this regard shall take all reasonable steps to ensure the reliability of its staff who may have access to personal data processed for Health Boards; 3.3.3. only act on the instructions of Health Boards in relation to the processing of any personal data provided to CFS by them, on their behalf, or by their employees; 3.3.4. to allow representatives from relevant Health Boards to access relevant premises owned or controlled by CFS on reasonable notice to inspect the procedures described at 3.3.2 above, and, on request from time to time, to prepare a report for Health Boards in relation to the current technical and organisational measures used by CFS to protect personal data processed for Health Boards; 3.4. CFS will ensure that it adheres to the principles of the 1998 Act including ensuring that data it processes as a Data Controller (as such term is defined in the 1998 Act) in relation to living individuals is: 3.4.1. as accurate as possible, and retained for no longer than is necessary. CFS Document & Retention Policy requires that Investigation Files are kept for a minimum of seven years from the current date of that investigation. 3.4.2. held securely, in a publicly accountable manner and used only for the purpose of ...
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