Common use of DATA PROTECTION AND FREEDOM OF INFORMATION Clause in Contracts

DATA PROTECTION AND FREEDOM OF INFORMATION. 20.1 Each Party shall comply with its obligations under the provisions of the Data Protection Xxx 0000. 20.2 Where the Council, as part of the provision of Services under this Agreement, processes personal data on behalf of the Trust, then in relation to such personal data the Council shall:- 20.2.1 act only on instructions from the Trust; and 20.2.2 comply with the Trust’s instructions in relation to the processing of such personal data, as such instructions are given and varied from time to time by the Trust; and 20.2.3 take all appropriate technical and organisational measures against unauthorised or unlawful processing of such personal data and against accidental loss or destruction of, or damage to, such personal data. 20.3 The provisions of clause 20.2 shall apply in relation to any personal data processed by the Trust on behalf of the Council under this Agreement as if each reference in that clause to the Council were a reference to the Trust and vice versa. 20.4 For the purposes of clause 20.2, the terms “personal data” and “processing” shall have the meanings ascribed to them in the Data Protection Xxx 0000. 20.5 The Trust acknowledges the Council’s obligations under the Freedom of Information (Scotland) Act 2002 (“the Act”) and the Environmental Information (Scotland) Regulations 2004 ("the Regulations") and acknowledges in particular that the Council may be required to provide information relating to this Agreement or the Trust to any person on request in order to comply with the Act or the Regulations. 20.6 Where the Council seeks to consult the Trust in connection with a request for information made under the Act or the Regulations the Trust will facilitate the Council’s compliance with the Act or the Regulations by responding timeously to the Council. 20.7 In the event that the Trust is or becomes a designated Scottish public authority by Order of the Scottish Ministers under Section 5 of the Act the Trust shall comply with the said Act and the Regulations. 20.8 Where the Trust receives a request for information, pursuant to Clause 20.7 or otherwise, which relates to or is likely to have an effect on the interests of the Council, the Trust shall consult with the Council before responding to such request.

DATA PROTECTION AND FREEDOM OF INFORMATION. 20.1 16.1 Each Party shall comply with its obligations under the provisions of the Data Protection Xxx 0000. 20.2 16.2 Where the Council, as part of the provision of Services under this Agreement, processes personal data on behalf of the Trust, then in relation to such personal data the Council shall:- 20.2.1 16.2.1 act only on instructions from the Trust; and 20.2.2 16.2.2 comply with the Trust’s instructions in relation to the processing of such personal data, as such instructions are given and varied from time to time by the Trust; and 20.2.3 16.2.3 take all appropriate technical and organisational measures against unauthorised or unlawful processing of such personal data and against accidental loss or destruction of, or damage to, such personal data. 20.3 16.3 The provisions of clause 20.2 shall apply in relation to any personal data processed by the Trust on behalf of the Council under this Agreement as if each reference in that clause to the Council were a reference to the Trust and vice versa. 20.4 16.4 For the purposes of clause 20.2, the terms “personal data” and “processing” shall have the meanings ascribed to them in the Data Protection Xxx 0000. 20.5 16.5 The Trust acknowledges the Council’s obligations under the Freedom of Information (Scotland) Act 2002 (“the Act”) and the Environmental Information (Scotland) Regulations 2004 ("the Regulations") and acknowledges in particular that the Council may be required to provide information relating to this Agreement or the Trust to any person on request in order to comply with the Act or the Regulations. 20.6 16.6 Where the Council seeks to consult the Trust in connection with a request for information made under the Act or the Regulations the Trust will facilitate the Council’s compliance with the Act or the Regulations by responding timeously to the Council. 20.7 16.7 In the event that the Trust is or becomes a designated Scottish public authority by Order of the Scottish Ministers under Section 5 of the Act the Trust shall comply with the said Act and the Regulations. 20.8 16.8 Where the Trust receives a request for information, pursuant to Clause 20.7 or otherwise, which relates to or is likely to have an effect on the interests of the Council, the Trust shall consult with the Council before responding to such request.