Lawful and Fair Processing. (Principle 1) Signatory Organisations are exempt from complying with their ‘obligations’ and the ‘rights of the individual’ as described in the DPA, if it would be likely to prejudice the prevention or the detection of crime, the apprehension or prosecution of offenders.4 Fair Processing Notices inform individuals of what we do with their personal data, however even though the processing is lawful and fair, it is the level of transparency to which we are exempt, if it would prejudice any of the law enforcement purposes. Therefore Principle 1 cannot always be fully complied with. Any disclosure must still comply with the Data Protection Principles and legal obligations owed outside of the DPA 2018, such as confidentiality, as well as any professional responsibilities and obligations. If there is not valid consent, consideration should be given as to whether it is in the public interest to share the information.
Lawful and Fair Processing. This Agreement has been developed to achieve the purposes/objectives as set out in Section 1 above. Compliance with the relevant legislation that protects personal data has been identified in Appendix A. Each Controller is responsible for putting these steps in place and for any breaches of Agreement which occur through failure to do to do so. The General Data Protection Regulation (herein after referred to as “the GDPR”) and the Data Protection Act 2018 (herein after referred to as “the DPA 2018”) requires that personal data must be processed lawfully and fairly, whilst also requiring that the lawful bases for processing are identified and recorded. Personal data conditions under GDPR Article 6 that apply under this agreement are:
