Legal basis for Sharing Sample Clauses

Legal basis for Sharing. 4.1. Each Party shall comply with all relevant Information Law requirements and good practice in relation to the processing of Relevant Information shared further to this Agreement. 4.2. The Parties shall identify the lawful basis for sharing Relevant Information for each purpose and data flow, and document these in the attached Personal Data Agreement.

Legal basis for Sharing. The new General Data Protection Regulation (GDPR) is in application from 25 May 2018, and together with the Data Protection Xxx 0000 supersedes the UK Data Protection Xxx 0000 (DPA). With the onset of GDPR the professionals involved in individual care (or direct care) will be using implied consent to view shared medical records. In order for the sharing of Personal Data to comply with Article 5 of the General Data Protection Regulation it must be fair and lawful and one of the Article 6 conditions must be met. Article 9 conditions must also be met if Sensitive Personal Data or special category data is being shared. The following articles are the ones that apply for sharing of data for the professionals involved in direct care: A) Article 6 condition - The sharing of Personal Data is permitted under Article 6 paragraph (c) (processing for legal obligation); paragraph (d) (processing for vital interests of data subject); and/or paragraph (e) (public interest or in the exercise of official authority). B) Article 9 condition - The sharing of Sensitive Personal Data or Special Category Data is permitted under Article 9 (h) (processing for medical purposes); and/or paragraph (i) (public interest in the area of public health). The vast majority of sharing we will be relying on article

Legal basis for Sharing. First Principle The first Data Protection principle states that data must be processed lawfully and fairly.

Legal basis for Sharing. 5.1. The lawful basis of processing and information sharing under this ISA is set out in clauses 5.2 and 5.3 with any additional lawful bases detailed under the ‘What are the additional legal bases for sharing the information?’ heading of the Information Sharing Annex in Part C. 5.2. The Parties are processing Personal Data on the lawful basis of public task, specifically the task of commissioning and completion of Safeguarding Adult Reviews as underpinned by a statutory requirement in the Care Act 2014. Public task is established as a lawful basis for processing in Article 6(1)(e) of UK GDPR (“processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”) and Section 8 of Part 2 Chapter 2 of the Data Protection Act 2018 (“Lawfulness of processing: public interest”). 5.3. To the extent that the Shared Information includes Special Categories of Personal Data, the Parties will process that data on the basis of an exception in Article 9(2)(h) of UK GDPR (“the provision of health or social care or treatment or the management of health or social care systems and services”) as supplemented by Schedule 1 Part 1(2) in the Data Protection Act 2018 (“health or social care purposes”), and in some circumstances on the basis of an exception in Article 9(2)(g) of UK GDPR (“substantial public interest”) where the substantial public interest condition is as set out in Schedule 1 Part 2(18)(1) in the Data Protection Act 2018 (“Safeguarding of children and of individuals at risk”). 5.4. To the extent that the information being shared includes any Personal Data, the Parties shall ensure that the Shared Information is processed in accordance with the Data Protection Legislation.

Legal basis for Sharing. 1.4.1.1 The legal basis for sharing is: For the Administration of Justice, as defined in the Law Enforcement Processing section of the Data Protection Xxx 0000.

Legal basis for Sharing. The City Corporation has a statutory duty to safeguard and promote the welfare of children within its area who are in need by providing appropriate services under Section 17 of the Children Xxx 0000, and it is considered necessary to share the Data to effectively discharge this duty. The Data will be shared, and otherwise managed, held, retained and processed, in accordance with Article 6(c) GDPR (processing is necessary for compliance with a legal obligation) and Schedule 1, Part 2, clause 18 of the 2018 Act – Safeguarding of children and of individuals at risk. And as specifically provided for in this agreement. It is considered that the School may disclose the Data to the City Corporation for the purposes of the City Corporation’s exercise of its duties under the Children Xxx 0000 referred to above and that this disclosure is fair and lawful in relation to the child (the data subject). Further, the disclosure of the Data is considered compatible with the purposes for which it was obtained and will be disclosed in accordance with the School’s data protection policies and the School’s privacy notices.

Legal basis for Sharing. Deciding whether to share must be taken on a case by case basis, in accordance with this agreement and with due consideration to:

Legal basis for Sharing. The following provide justification of the legal gateways for sharing information between schools and BMDC for the purposes set out below: • Section 14 of the Education Xxx 0000 requires local authorities to provide sufficient schools and equipment for pupils of all different ages, abilities and aptitudes and for the different periods for which they may be expected to stay at school. Provision must include practical instruction and training appropriate to the pupils’ different needs and must secure diversity in the provision of schools and to increase opportunities for parental choice. • Section 10 of the Education & Skills Xxx 0000 requires local authorities in England must ensure that its functions are exercised so as to promote the effective participation in education or training of persons belonging to its area. In addition the sharing can be justified for the following purposes in accordance with the following legal gateways:

Legal basis for Sharing. Any processing of personal data must generally (there are certain limited exceptions) comply with the Data Protection Principles set out in Schedule 1 of the Data Protection Act 1998 (“DPA”): 1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless— (a) At least one of the conditions in Schedule 2 is met, and (b) In the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met. 2. 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. 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

Legal basis for Sharing. Section 10 of the Children’s Xxx 0000 places a duty on the MASH agencies to cooperate to improve the wellbeing of children and young people, which includes protection from harm and neglect. This includes the proportionate sharing of information, where appropriate, to make the best decisions for children and young people. It is the responsibility of all agencies to ensure they are aware of their responsibilities in this regard in order to ensure they are able to respond within set time scales to enquiries from the MASH in order to Safeguard Children and Young People.