Confidentiality Data Protection and Freedom of Information. 6.1 Medical Confidentiality, Data Protection and Freedom of Information The Parties agree to adhere to the principles of medical confidentiality in relation to Clinical Trial Subjects involved in the Clinical Trial. Personal data (as defined in the Data Protection Act 1998) shall not be disclosed to the Sponsor or CRO by the Trust save where this is required to satisfy the requirements of the Protocol or for the purpose of monitoring or adverse event reporting, or in relation to a claim or proceeding brought by the Clinical Trial Subject in connection with the Clinical Trial. Neither the Sponsor nor CRO shall disclose the identity of Clinical Trial Subjects to third parties without prior written consent of the Clinical Trial Subject, except in accordance with the provisions of the Data Protection Act 1998 and the principles set out in the NHS Confidentiality Code of Practice (November 2003), unless in relation to a claim or proceeding brought by the Clinical Trial Subject in connection with the Clinical Trial. All Parties shall comply with the Data Protection Act 1998 ("xxx 0000 Xxx") and any other applicable data protection legislation. In particular where any Party is acting as the data processor of another Party ("data controller"), the Party processing data on behalf of the other agrees to comply with the obligations placed on the data controller by the seventh data protection principle ("the Seventh Principle") set out in the 1998 Act, namely: to maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the data controller by the Seventh Principle; only to process Personal Data for and on behalf of the data controller, in accordance with the instructions of the data controller and for the purpose of the Clinical Trial and to ensure the data controller’s compliance with the 1998 Act; to allow the data controller to audit the processing party's compliance with the requirements of this clause on reasonable notice and/or to provide the data controller with evidence of its compliance with the obligations set out in this clause 6. the processing party shall obtain prior agreement of the data controller to store or process Personal Data at sites outside the European Economic Area (comprising the countries of the European Community, Norway, Iceland and Liechtenstein). all parties agree to use all reasonable efforts to assist the others to comply with the 1998 Act. For the avoidance of doubt, this inc...
Confidentiality Data Protection and Freedom of Information. Medical confidentiality The Parties agree to adhere to the principles of medical confidentiality in relation to Participants. The Parties shall comply with the requirements of the common law of confidentiality, the Data Protection Xxx 0000 and, as appropriate, the NHS Confidentiality Code of Practice or the Scottish Executive Health Department NHS Code of Practice on Protecting Patient Confidentiality or the Confidentiality: Code of Practice for Health and Social Care in Wales or the Code of Practice on Protecting the Confidentiality of Service Users in Northern Ireland, (when implemented). Personal data shall not be disclosed to the Sponsor by the NHS Organisation, save where this is required directly or indirectly to satisfy the requirements of the Protocol, or for the purpose of monitoring or reporting adverse events. Neither the Sponsor nor the NHS Organisation shall disclose the identity of Participants to third parties without the prior written consent of the Participant except in accordance with the Data Protection Xxx 0000 or, as appropriate, the NHS Confidentiality Code of Practice or the Scottish Executive Health Department NHS Code of Practice on Protecting Patient Confidentiality or the Confidentiality; Code of Practice for Health and Social Care in Wales or the Code of Practice on Protecting the Confidentiality of Service Users in Northern Ireland, (when implemented). Freedom of Information Parties to this Agreement which are subject to the Freedom of Information Xxx 0000 (FOIA) or the Freedom of Information (Scotland) Xxx 0000 (FOI(S)A) and which receive a request under FOIA or FOI(S)A to disclose any information that belongs to another Party shall notify and consult that Party in accordance with clause 14, as soon as reasonably practicable, and in any event, not later than five working days after receiving the request. The Parties acknowledge and agree that the decision on whether any exemption applies to a request for disclosure of recorded information under FOIA or FOI(S)A is a decision solely for the Party responding to the request. Where the Party responding to an FOIA or FOI(S)A request determines that it will disclose information it will notify the other Party in writing, giving at least two working days notice of its intended disclosure. Confidential information Each Party agrees to ensure that information supplied to them under this Agreement and belonging to or licensed to the other Party and marked as confidential is treated as con...
Confidentiality Data Protection and Freedom of Information. 9.1 Neither party shall at any time after the date of this Agreement:
Confidentiality Data Protection and Freedom of Information. The Parties agree to adhere to the principles of medical confidentiality in relation to Participants and shall comply with the requirements of the common law of confidentiality, the Data Protection Xxx 0000 and the NHS Confidentiality Code of Practice. Personal data shall not be disclosed to the University by the Trust, save where this is required directly or indirectly to satisfy the requirements of the Protocol, or for the purpose of monitoring or reporting adverse events. Neither Party shall disclose the identity of Participants to third parties without the prior written consent of the Participant except in accordance with the Data Protection Xxx 0000 or the NHS Confidentiality Code of Practice. If either Party receives a request under the Freedom of Information Xxx 0000 (FOIA) to disclose any information that belongs to the other Party it shall notify and consult that Party within five working days of receiving the request. The Parties acknowledge and agree that the decision on whether any exemption applies to a request for disclosure of recorded information under FOIA is a decision solely for the Party responding to the request. Where the Party responding to an FOIA request determines that it will disclose information it will notify the other Party in writing, giving at least two working days notice of its intended disclosure. Each Party agrees: To ensure that any of its employees, students, consultants, sub-contractors or agents who participate in the operation of the Study are made aware of, and abide by, the requirements of Clause 7; To use the Confidential Information solely in connection with the operation of the Agreement and not otherwise; Not to disclose the Confidential Information in whole or in part to any person without the other Party’s written consent; The provision of clause 7.7.3 shall not apply to the whole or any part of the Confidential Information that is: Lawfully obtained free of any duty of confidentiality; Already in the possession of the Party receiving such information and which they can show from written records (other than as a result of a breach of Clause 7.7); In the public domain (other than as a result of a breach of Clause 7.7); Necessarily disclosed pursuant to a statutory obligation; Disclosed with prior written consent of the other Party. The restrictions contained in clause 7 shall continue to apply after the termination of this Agreement for 10 years.
Confidentiality Data Protection and Freedom of Information. 5.1. Medical confidentiality
5.1.1. The Parties agree to adhere to the principles of medical confidentiality in relation to Participants. The Parties shall comply with the requirements of the common law of confidentiality, the Data Protection Xxx 0000 and, as appropriate, the NHS Confidentiality Code of Practice or the Scottish Executive Health Department NHS Code of Practice on Protecting Patient Confidentiality or the Confidentiality: Code of Practice for Health and Social Care in Wales or the Code of Practice on Protecting the Confidentiality of Service Users in Northern Ireland, (when implemented).
5.1.2. Personal data shall not be disclosed to the Sponsor by the NHS Organisation, save where this is required directly or indirectly to satisfy the requirements of the Protocol, or for the purpose of monitoring or reporting adverse events.
5.1.3. Neither the Sponsor nor the NHS Organisation shall disclose the identity of Participants to third parties without the prior written consent of the Participant except in accordance with the Data Protection Xxx 0000 or, as appropriate, the NHS Confidentiality Code of Practice or the Scottish Executive Health Department NHS Code of Practice on Protecting Patient Confidentiality or the Confidentiality; Code of Practice for Health and Social Care in Wales or the Code of Practice on Protecting the Confidentiality of Service Users in Northern Ireland, (when implemented).
Confidentiality Data Protection and Freedom of Information. 13.1 Each party acknowledges that, as a result of the Agreement, it may acquire confidential information relating to another party that is not connected to the Grant and the Project. Subject to the express terms of the Agreement, each party agrees that it shall keep such information confidential to the extent that such information is not available in the public domain unless required to disclose it by applicable law or statutory regulation or order of a court of competent jurisdiction.
13.2 Information relating specifically to the Grant and the Project which has not been published shall be kept confidential save as set out in the Agreement or expressly agreed by the parties in writing. The Institution and the Grantholder may disclose information about the Grant and the Project to their scientific collaborators and any co-applicants under similar conditions of confidentiality.
13.3 All parties will comply with the Data Protection Legislation in relation to their handling of personal data in relation to the Grant and the Project.
13.4 The Institution and the Grantholder agree that in order to administer and manage the Grant, Diabetes UK and any party appointed by Diabetes UK under clause 11.10, will collect, store and use the personal data of the persons working on the Project and Institution staff involved in managing the Grant on behalf of the Institution. Diabetes UK will be the data controller for such purpose. The Institution and the Grantholder warrant that they have obtained the consent of any persons working on the Project to the disclosure of their personal data to Diabetes UK and the use of their information by Diabetes UK as set out in the Diabetes UK research privacy policy.
13.5 The parties acknowledge that the Institution is subject to the Freedom of Information Xxx 0000 (or equivalent legislation in other jurisdictions) (“FOIA”). If the Institution receives a request for information under the FOIA in connection with the Project, it will promptly notify Diabetes UK and comply with any reasonable request made by Diabetes UK in connection with its response to such request.
Confidentiality Data Protection and Freedom of Information. 2119.1 The Provider and any other person acting on its behalf, shall keep confidential any and all information obtained whether under this Agreement or otherwise and shall not divulge the same to any third party and neither dispose of nor part with possession of any confidential material provided to the Provider by the Authority pursuant to this Agreement without the express permission of the Authority. This clause shall apply notwithstanding termination or expiry of the Agreement but shall not apply to:
2119.1.1 any information in the public domain otherwise than by breach of this Agreement; or
2119.1.2 any information in the possession of the receiving party other than disclosure by the Provider contrary to this Agreement; or
Confidentiality Data Protection and Freedom of Information. 11.1 CONFIDENTIALITY and the Party that receives it (the “Receiving Party”) has no right to use it.
Confidentiality Data Protection and Freedom of Information. 12.1. The Provider will be registered with the Information Commissioner’s Office under the Data Protection Act (1998) provide the Commissioner with their Data Protection Registration number be aware of its duties under the Data Protection Act and Freedom of Information Act, and be responsible for ensuring its staff and those for whom it is responsible in provision of the services comply give all reasonable assistance to the Commissioner where appropriate or necessary to comply with such duties
12.2. The Provider will be required to complete the Information Governance Toolkit by March 2014, and to be level 2 (satisfactory) or above, or have an action plan agreed with the Commissioner to achieve that level
12.3. The Provider will sign the Kingston CCG Confidentiality Agreement for Third Party Suppliers
12.4. In summary the Provider is responsible for ensuring that their own staff and others working in the service under their leadership are aware of and comply with all of following requirements:
12.4.1. The Provider will be expected to maintain the complete confidentiality of all material and information to which they have access and process.
12.4.2. Any clinical and administrative staff utilised must be adequately trained in both patient confidentiality and PCAMS terms and policies, and must be provided with appropriate word processing and data collection facilities to allow for proper clinical audit and to support the PCAMS, The Provider’s and Kingston CCG information requirements.
12.4.3. The Provider must, if required to do so, process records or information in a fair and lawful way. They must hold and use data only for the specified, registered purposes for which it was obtained, and disclose data only to authorised persons or organisations.
12.4.4. Storage of medical records and information which is relevant to treatment and on-going care is passed between all parties in accordance with the Caldicott Principles and the Data Protection Act (1998).
12.4.5. The information collected should enable the identification of the patient using the NHS Number. This needs to be collected in line with pyseudonymisation standards as per the government Information Governance Standards.
12.5. Where, in the course of provision of the services an interpreter is utilised, the Provider will be responsible for ensuring that the interpreter is aware of and complies with all requirements associated with maintaining patient confidentiality and data protection.
Confidentiality Data Protection and Freedom of Information. 21.1 Other than as permitted, the Provider shall keep confidential, and use its best endeavours to ensure that its Staff keep confidential, any and all information (written, electronic, or oral) in relation to the Council or any user, learnt or otherwise obtained by the Provider and / or its Staff in the provision of the Service either at any time during or after the duration of this Contract, the Provider shall not use any such information except as specifically required for the purposes of performing the obligations under this Contract. The Provider shall indemnify the Council against any loss suffered or claim made against it as a result of such unauthorised disclosure.
21.2 The Provider shall at all times ensure that its Staff is trained to deal with confidential and personal data only in accordance with Clauses 21.1 above. The obligations of confidentiality contained in this clause shall survive the termination of this Contract.
21.3 The Provider’s duty of disclosure shall be subject to any legal requirements to the contrary.
21.4 The records relating to users Service must be stored securely in order to ensure the confidentiality of the information.
