Lawful Basis. The sharing of information must comply with the law relating to confidentiality, data protection and human rights. Having a legitimate purpose for sharing information is an important part of meeting those legal requirements. This is a complex area and each Partner must take their own decisions and seek advice from their organisation’s Data Protection Officer/Information Governance Manager and/or Caldicott Guardian. Articles 6, 9 and 10 of the UK GDPR, and section 8 of the DPA 2018 set out the acceptable conditions for the processing and sharing of personal, special category, and criminal data. The conditions relevant in the UK GDPR to data processed under this agreement are below.
Lawful Basis. The lawful basis for processing is the performance of the contract, the fulfilment of legal and regulatory obligations and / or the legitimate interest.
Lawful Basis. Customer warrants that it has a lawful basis (as defined under Article 6 of GDPR or, with respect to Sensitive Data, as additionally defined in Article 9 of GDPR) for all Customer Personal Data it provides to Lucky Orange. If at any time during the Term of this Agreement, Xxxxxxxx discovers that it does not have a lawful basis for providing Lucky Orange any Customer Personal Data, then it shall notify Lucky Orange in writing immediately, and Lucky Orange upon such notification will cease Processing that Customer Personal Data.
Lawful Basis. This Agreement has been prepared with the obligations of the statutory guidance, the “Management of Police Information” (MoPI) in mind. The College of Policing Authorised Professional Practice (APP) Information Management, “MoPI sharing” provides standards that must be applied by the Chief Constable of Norfolk Constabulary when sharing information with external agencies. This Information Sharing Agreement (ISA) is compliant with such standards. It is the responsibility of each Party to ensure that any processing of personal information owned by that Party is carried out in accordance with the requirements and principles of relevant legislation, including the General Data Protection Regulation (GDPR), the Data Protection 2018, the common law duty of confidentiality and the Human Rights Act 1998. Personal data shall be processed fairly and lawfully, in a transparent manner, and in particular, shall not be processed unless at least one of the lawful bases for processing exists under Article 6 of the GDPR. For the purposes of this Agreement the relevant condition is Article 6(e) necessary for the performance of a task carried out in the public interest. The public tasks are: Section 10 of the Children Act 2004 (the CA) - the duty to promote co-operation between the Parties with a view to improving the well-being of children in Norfolk and;
Lawful Basis. To the extent relevant under Applicable Data Protection Laws, Customer shall have a lawful basis for Processing, and providing to AAI, all Customer Data. If at any time during the Term of the Agreement, Xxxxxxxx discovers that it does not have a lawful basis for Processing Personal Data or disclosing or transferring the same to AAI, then it shall notify AAI in writing immediately and AAI upon such notification will cease Processing that Customer Data.
Lawful Basis. 8.1 The Parties shall share the Personal Data on the following Article 6(1) GDPR basis:
a) Consent: the data subjects have provided clear and explicit consent to process their personal data for a specific purpose
b) Contract: the processing is necessary for the performance of a contract
c) Legal obligation: the processing is necessary to comply with the law (not including contractual obligations)
d) Vital interests: the processing is necessary to protect someone’s life.
Lawful Basis. In addition to identifying relevant legal powers, data sharing must comply with the data protection legislation, including the data protection principles. The first principle requires data to be shared fairly and lawfully. This means not breaching any other laws (for example the common law of confidentiality or the Human Rights Act 1998 (in particular the right to a private life under Article 8 of the European Convention on Human Rights). It also means that organisations must identify valid grounds to share personal data (known as a ‘lawful basis’) and additional grounds to share special category data (known as ‘conditions’). A large majority of the instances when organisations involved in preparing for, responding to, and recovering from emergencies will seek to share personal data, will be measures to protect individuals from harm. This is likely to particularly focus on individuals at increased risk of harm, due to either pre-emergency, identified vulnerabilities, or due to the impact on them of an emergency in which they are involved. The sharing of information must comply with the laws relating to confidentiality, data protection and human rights. Having a legitimate purpose for sharing information is an important part of meeting those legal requirements. This is a complex area, and each partner organisation must take their own decisions and seek advice from their organisation’s Data Protection Officer/Information Governance Manager and/or Caldicott Guardian (where relevant).
2.5.1 Processing personal data for law enforcement purposes Strict necessity Schedule 8 conditions
Paragraph 1: Statutory etc purposes This condition is met if the processing—
(a) is necessary for the exercise of a function conferred on a person by an enactment or rule of law, and
(b) is necessary for reasons of substantial public interest. The processing of the data is carried out in the exercise of the legal powers and duties of the MPS. It is plainly in the substantial public interest that for example witness, victims and potential suspects are located as soon as reasonably practicable by the police.
Lawful Basis. 3.1 For the purpose of this Protocol the lawful basis for processing data are as follows for Article 6 data: …………………………………………………………………………………………
3.2 If processing special categories of data, confirm the Article 9 basis relied upon: …………………………………………………………………………………………
Lawful Basis. (a) – Explicit Consent Article 9(2)(b) - Employment and Social Law Article 9(2)(c) – Vital Interests Article 9(2)(d) – Not for profit clubs Article 9(2)(e) – Manifestly made public by the data subject Article 9(2)(f) – Legal Claims/Court
