Common use of Proportionality and necessity Clause in Contracts

Proportionality and necessity. ‌ Proportionality and necessity are factors to be taken into consideration when deciding whether to share personal information. In making the decision, employees must weigh up what might happen as a result of the information being shared against what might happen if it is not, and apply their professional judgement. Although sharing of information can impact on a practitioner’s relationship with an individual/family, keeping the child safe must always be the first consideration. Safeguarding is a “special purpose” under the Data Protection Act and as such you should share if the sharing is necessary for the protection of an individual, under or over 18, who is at risk from neglect or physical, mental or emotional harm. You are expected to justify that you believed sharing was necessary for one of the following criteria: • necessary for the purposes of preventing or detecting crime • required or authorised by an enactment, by a rule of law or by the order of a court or tribunal • in the particular circumstances, was justified as being in the public interest. Or that you acted in the reasonable belief that: • the person had a legal right to do the obtaining, disclosing, procuring or retaining • the person would have had the consent of the controller if the controller had known about the obtaining, disclosing, procuring or retaining and the circumstances of it, or

Proportionality and necessity. ‌ Proportionality and necessity are factors to be taken into consideration when deciding whether to share personal information. In making the decision, employees must weigh up what might happen as a result of the information being shared against what might happen if it is not, and apply their professional judgement. Although sharing of information can impact on a practitioner’s relationship with an individual/family, keeping the child adult at risk safe must always be the first consideration. Safeguarding is a “special purpose” under the Data Protection Act and as such you should share information ought to be shared if the sharing is necessary for the protection of an individual, under or over 18, individual who is might be at risk from neglect or physical, mental or emotional harm. You Data Controllers are expected to justify that you they believed sharing was necessary for one of the following criteria: • ● necessary for the purposes of preventing or detecting crime • ● required or authorised by an enactment, by a rule of law or by the order of a court or tribunal • ● in the particular circumstances, was justified as being in the public interest. Or that you they acted in the reasonable belief that: • ● the person had a legal right to do the obtaining, disclosing, procuring or retaining • ● the person would have had the consent of the controller if the controller had known about the obtaining, disclosing, procuring or retaining and the circumstances of it, orit Only the personal data necessary for the stated purpose or request at hand should be shared. Sharing must not be excessive. This may mean sharing less personal data than has been requested.

Proportionality and necessity. ‌ Proportionality and necessity are factors to be taken into consideration when deciding whether to share personal information. In making the decision, employees must weigh up what might happen as a result of the information being shared against what might happen if it is not, and apply their professional judgement. Although sharing of information can impact on a practitioner’s relationship with an individual/family, keeping the child safe must always be the first consideration. Safeguarding is a “special purpose” under the Data Protection Act and as such you should share if the sharing is necessary for the protection of an individual, under or over 18, who is at risk from neglect or physical, mental or emotional of significant harm. You are expected to justify that you believed sharing was necessary for one of the following criteria: • ● necessary for the purposes of preventing or detecting crime • ● required or authorised by an enactment, by a rule of law or by the order of a court or tribunal • ● in the particular circumstances, was justified as being in the public interest. Or that you acted in the reasonable belief that: • ● the person had a legal right to do the obtaining, disclosing, procuring or retaining • ● the person would have had the consent of the controller if the controller had known about the obtaining, disclosing, procuring or retaining and the circumstances of it, or