Common use of Confidentiality Data Protection and Freedom of Information Clause in Contracts

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 confidential. The NHS Organisation agrees to treat the Results of the Study as confidential. Each Party agrees: To ensure that any of their employees, students, consultants or sub-contractors who participate in the operation of the Study are made aware of, and abide by, the requirement of clause 5.3. 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 5.3 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 5.3.1 or 5.3.2). In the public domain (other than as a result of a breach of clause 5.3.1 or 5.3.2). Necessarily disclosed pursuant to a statutory obligation. Disclosed with prior written consent of the other Party. Necessarily disclosed by a Party by virtue of its status as a public authority in terms of the Freedom of Information Xxx 0000 or the Freedom of Information (Scotland) Xxx 0000. The restrictions contained in clause 5.3 shall continue to apply after the termination of this Agreement for 10 years.