CONSTRAINTS ON THE USE OF THE INFORMATION. 7.1 If an agency wishes to disclose shared information to a third party, as best practice the agency should seek written consent from the agency that provided the information. If a statutory requirement for disclosure exists then consent for further disclosure is not required. Any agency must ensure that all principles of the Data Protection Act are adhered to. Therefore, if an agency makes a further disclosure to a third party they must ensure that the sharing of personal data is not processed in any manner incompatible with the purpose/s it was obtained for.
7.2 As best practise all information shared is only valid at the time of provision, and should only be used for the purpose as requested. However, the recipient organisation becomes the Data Controller for the shared information therefore the information may be used for subsequent investigations, if it is being used for a purpose that is compatible with the purpose for which it was obtained, i.e. prevention and detection of crime and disorder.
CONSTRAINTS ON THE USE OF THE INFORMATION. 6.1 Information shared under the terms of this agreement must not be disclosed to any third party or without the written consent of the organisation that originally provided it.
6.2 Information shared and received under the terms of this agreement may only be made accessible within each recipient organisation for the purpose for which it was requested or provided, and only to those individuals or role-holders with a professional ‘need to know’.
6.3 Information exchange requires an encrypted process and the means of exchange should be agreed between the partners, i.
CONSTRAINTS ON THE USE OF THE INFORMATION. Partners to this agreement undertake that data shared will only be used for the specific purpose for which it is disclosed, unless there is a legal obligation for the sharing of data. The recipient of information under this agreement has an obligation under the Data Protection Act 1998 to consider the implications of further release of this information to any third party and prior to any further dissemination consent must be obtained from the originating Partner, except where there is a legal or safeguarding obligation.
CONSTRAINTS ON THE USE OF THE INFORMATION. 7.1 All parties must be fully aware of their obligations under the GDPR and DPA 2018 and must have the appropriate structures in place to ensure compliance.
7.2 If any information shared under this agreement is intended for disclosure to any third party outside this agreement the partner making the intended disclosure will consult the originating partner prior to the disclosure being made.
CONSTRAINTS ON THE USE OF THE INFORMATION. 5.3.1 The information shared must not be disclosed to any third party without the written consent of the agency that provided the information. It must be stored securely and deleted when it is no longer required for the purpose for which it is provided.
5.3.2 Disclosure of personal data must be relevant and only the minimum amount required for the purpose and can only be used for the purpose for which it is supplied.
5.3.3 The identity of the originator must be recorded against the relevant data. No secondary use or other use may be made unless the consent of the disclosing party to that secondary use is sought and granted in writing.
5.3.4 Disclosure must be compatible with the second data protection principle: • ‘Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes’.
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CONSTRAINTS ON THE USE OF THE INFORMATION. 7.1 The information shared must not be disclosed to any third party without the written consent of the agency that provided the information. It must be processed and stored securely and deleted when it is no longer required for the purpose for which it is provided in accordance with Data Protection Act principles and requirements and in accordance with the party’s Data Protection Act registration.
7.2 The information shared will be processed, stored, transported and deleted by the Partner in accordance with the requirements of the NPT GSI registration and NOMS Information Security policies and the Partner acknowledges that it has received a copy of these policies and has read and understands the requirements set out therein.
CONSTRAINTS ON THE USE OF THE INFORMATION. 6.1 It is recognised that for the purposes of this Agreement, it is necessary for both Parties to share information, which constitutes ‘personal data’ and possibly ‘sensitive personal data’ under the provisions of the Data Protection Xxx 0000.
6.2 The information will be used to respond to community concerns regarding radical or extreme views by assessing an individual’s vulnerability to becoming violently extreme or, an individual’s influence in radicalising others to violent extremism.
6.3 Personal data obtained under this Agreement may only be used for the agreed purpose and must not be further processed in any manner incompatible with the identified purpose(s).
6.4 No secondary use or other use may be made unless the consent of the disclosing Party is sought and granted.
CONSTRAINTS ON THE USE OF THE INFORMATION. 5.5.1 The information share must not be disclosed to any third party save for the Crown Prosecution Service without the written consent of the agency that provided the information. It must be stored securely and deleted when it is no longer required for the purpose for which it is provided.
5.5.2 It is acknowledged that information held by the Police is not ‘health data’ and does not fall under standard NHS information governance frameworks. This information may be subject to specific exemptions to disclosure under the Freedom of Information Act, but these specific exemptions are not normally applicable to NHS organisations. To that end, any specific request for access to a case file under the provisions of the Data Protection Xxx 0000 and the Freedom of Information Xxx 0000 will be subject of discussion between the specialist staff within both organisations. Each case will then be dealt with on a case by case basis as to primacy and the most suitable respondent to the request.
5.5.3 This agreement acknowledges that both the NHS and the Police hold information under the common law duty of confidentiality. It is acknowledged that the duty of confidentiality in respect of medical information continues after death. The duty of confidentiality in respect of the transcripts of police interviews under caution is maintained until the information contained therein is tested in open court or the consent of the interviewee is obtained.
5.5.4 It should also be acknowledged that in criminal investigations into deaths the Police often maintain two roles, those of criminal investigators and Coronial Investigators. The two processes whilst similar are governed by separate legislative provisions.
5.5.5 Information supplied by the Police or HM Coroner should be considered “restricted” data provided under a duty of confidentiality if this information would not usually be made available to the public on direct request to that agency, even if the individual(s) the information relates to may not be immediately identified. If the NHS / Welsh Health Legal Services wish to use this material for any purpose other than criminal proceedings, consent must be given for its subsequent and ancillary use by the Divisional Commander of the Division concerned.
CONSTRAINTS ON THE USE OF THE INFORMATION. 7.1 The information shared must not be disclosed to any third party, without the initial documented consent from the partner providing the information. It must be stored securely and deleted/destroyed, when it is no longer required for the purpose for which it is provided.
7.2 Any police information shared is only valid at the time of provision and should only be used for the purposes as requested.
7.3 Any information shared will be proportionate and necessary for the purpose for which it is being shared.
7.4 Any information shared must be handled and stored in accordance with the Government Protective Marking Scheme, see Appendix D.
