Sharing information without consent. It is not always safe, appropriate or feasible to obtain consent to share information. Circumstances where it may not be possible to obtain consent include: Where obtaining consent might be contrary to the public interest; including risk to the health of the person The data subject / confider may be absent or not contactable; The data subject / confider may be permanently or temporarily incapacitated and has no appropriate representative; The data subject / confider has withheld or withdrawn their consent. Under the Common Law Duty of Confidence, the Data Protection Act 1998 and the Human Rights Act 1998 it is possible to disclose information without consent in the cases of serious public interest or in the best interests of an individual. Also under the Crime and Disorder Act 1998 (as amended by the Police and Justice Act 2006 and the Policing and Crime Act 2009) for Community Safety purposes. Decisions regarding the disclosure of information without consent must always be made on a case- by-case basis. Any disclosure must always be proportionate and the minimum necessary to achieve the necessary objective. If it is not possible to obtain consent before sharing information, the data subject / confider should be informed as soon as possible after the information has been shared, unless this would be inappropriate (e.g. cause serious harm; effect on ongoing investigation).
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Samples: Information Sharing Protocol, Information Sharing Protocol
Sharing information without consent. It is not always safe, appropriate or feasible to obtain consent to share information. Circumstances where it may not be possible to obtain consent include: Where obtaining consent might be contrary to the public interest; including risk to the health of the person The data subject / confider may be absent or not contactable; The data subject / confider may be permanently or temporarily incapacitated and has no appropriate representative; The data subject / confider has withheld or withdrawn their consent. Under the Common Law Duty of Confidence, the Data Protection Act 1998 and the Human Rights Act 1998 it is possible to disclose information without consent in the cases of serious public interest or in the best interests of an individual. Also under the Crime and Disorder Act 1998 (as amended by the Police and Justice Act 2006 and the Policing and Crime Act 2009) for Community Safety purposes. Decisions regarding the disclosure of information without consent must always be made on a case- by-case basis. Any disclosure must always be proportionate and the minimum necessary to achieve the necessary objective. If it is not possible to obtain consent before sharing information, the data subject / confider should be informed as soon as possible after the information has been shared, unless this would be inappropriate (e.g. cause serious harm; effect on ongoing investigation).
Appears in 1 contract
Samples: Information Sharing Protocol
Sharing information without consent. It is not always safe, appropriate or feasible to obtain consent to share information. Circumstances where it may not be possible to obtain consent include: • Where obtaining consent might be contrary to the public interest; including risk to the health of the person person; • The data subject / confider may be absent or not contactable; • The data subject / confider may be permanently or temporarily incapacitated and has no appropriate representative; and • The data subject / confider has withheld or withdrawn their consent. Under the Common Law Duty of Confidence, the Data Protection Act 1998 2018 and the Human Rights Act 1998 it is possible to disclose information without consent in the cases of serious public interest or in the best interests of an individual. Also under the Crime and Disorder Act 1998 (as amended by the Police and Justice Act 2006 and the Policing and Crime Act 2009) for Community Safety purposes. Decisions regarding the disclosure of information without consent must always be made on a case- by-case basis. Any disclosure must always be proportionate and the minimum necessary to achieve the necessary objective. If it is not possible to obtain consent before sharing information, the data subject / confider should be informed as soon as possible after the information has been shared, unless this would be inappropriate (e.g. cause serious harm; effect on ongoing investigation).
Appears in 1 contract
Samples: Information Sharing Protocol