The Legal Framework Sample Clauses

The Legal Framework. There is a wealth of legal frameworks and government guidance that sets out how information is exchanged. These include:  The Data Protection Act 1998 (Section 29(3) and 35(2))  The Human Rights Act 1998 (Article 8 )  The Children Act 2004 (Section 10)  The Care Act 2014  The Education Act 1996 & 2002  The Children Act 2006 (Section 99)  Working Together to Safeguard Children 2015  The Mental Capacity Act 2005 & ▇▇▇▇ (Deprivation of Liberty Safeguards)  Welfare Reform Act 2012 (Section 131)  The Learning and Skills Act 2000  Care Quality Commission - (Health and Social Care Act 2008)  Housing Act 1985  The Race Relations (Amendment) Act 2000  The NHS Act 2006  The Crime and Disorder Act 1998 (Section 17/ 115)  Police and Criminal Evidence Act 1984  Government Guidance that accompanies the above Acts  The Equality Act 2010 Agencies also agree to ensure their actions are in compliance with any other relevant legislation, such as:  Common Law Powers of Disclosure  The Freedom of Information Act 2000  The Rehabilitation of Offenders Act 1974 The main legal gateway (or statutory power to share information) for the purposes of this agreement is section 11 of the Children Act (2004), The Care Act 2014 and the Crime and Disorder Act 1998.

The Legal Framework. 4.1 The principal legislation concerning the protection and use of personal information is listed below and further explained in: • Human Rights Act 1998 (article 8) • The Freedom of Information Act 2000 • Data Protection Act 1998 • The Common Law Duty of Confidence • Computer Misuse Act • Civil Contingencies Act 2004 4.2 Other legislation may be relevant when sharing specific information. 4.3 As part of each ISA, Partner Organisations should identify how they will meet its legal obligations and the legal basis (legislation and appropriate section(s)) under which information may be shared.

The Legal Framework. The principal legislation concerning the protection and use of personal information is listed below and further explained in Appendix B:  Human Rights ▇▇▇ ▇▇▇▇ (article 8)  The Freedom of Information ▇▇▇ ▇▇▇▇  Data Protection ▇▇▇ ▇▇▇▇  The Common Law Duty of Confidence Other legislation may be relevant when sharing specific information. For example, the sharing of information relating to children may involve (but not limited to) consideration of any of the following:  The Children ▇▇▇ ▇▇▇▇  The Children ▇▇▇ ▇▇▇▇  Education ▇▇▇ ▇▇▇▇  Learning & Skills ▇▇▇ ▇▇▇▇  Education (SEN) Regulations 2001  Children (Leaving Care) ▇▇▇ ▇▇▇▇  Protection of Children ▇▇▇ ▇▇▇▇  Local Government ▇▇▇ ▇▇▇▇  Criminal Justice ▇▇▇ ▇▇▇▇  National Health Service ▇▇▇ ▇▇▇▇  National Health Service ▇▇▇ ▇▇▇▇  The Adoption and Children ▇▇▇ ▇▇▇▇  Health and Social ▇▇▇ ▇▇▇▇

The Legal Framework. 26 Offences related to the protection of sexual integrity are subject to special rules of admissibility. Largely echoing the common law rule pronounced by the Supreme Court in ▇. ▇. ▇▇▇▇▇▇▇▇ (1991), 66 C.C.C. (3d) 321, a statutory regime now governs the adduction of evidence respecting a complainant's sexual activity other than that grounding the charges before the court in all cases where an enumerated offence is alleged. That regime, set out in s. 276 of the Code, reads as follows: (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant (a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or (b) is less worthy of belief. (2) In proceedings in respect of an offence referred to in subsection (1), no evidence shall be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.1 and 276.2, that the evidence (a) is of specific instances of sexual activity; (b) is relevant to an issue at trial; and (c) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice. (3) In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account (a) the interests of justice, including the right of the accused to make a full answer and defence; (b) society's interest in encouraging the reporting of sexual assault offences; (c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case; (d) the need to remove from the fact-finding process any discriminatory belief or bias; (e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury; (f) the potential prejudice to the complainant's personal dignity and right of privacy; (g) the right of the complainant and of every individua...

The Legal Framework. 5.1 The duties of the Parties are set out in the legal framework at Annex A. This also sets out the legal obligations, on which this protocol is based, of the Parties in relation to exchanging and sharing of information.

The Legal Framework. The main legal framework relating to the protection of personal information and how it is exchanged in IMAP is set out in: • The Human Rights ▇▇▇ ▇▇▇▇, which incorporates Article 8 of the European Convention on Human Rights (ECHR), including the right to a private and family life • The common law duty of confidentiality • The Data Protection ▇▇▇ ▇▇▇▇, covering protection of personal information There is no general power to obtain, hold or process data and there is no statutory power to share information. However, some Acts of Parliament do give statutory public bodies express or implied statutory powers to share information. There are a number of pieces of legislation. Some of these are relevant to all members of the Integrated Multi Agency Partnership (IMAP). Others relate to specific organisations. These include: • The Children ▇▇▇ ▇▇▇▇ • The Children ▇▇▇ ▇▇▇▇ • Education ▇▇▇ ▇▇▇▇ • Education ▇▇▇ ▇▇▇▇ • Learning and Skills ▇▇▇ ▇▇▇▇ • Education (SEN) Regulations 2001 • Children (Leaving Care) ▇▇▇ ▇▇▇▇ • Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ • Mental Capacity Act Code of Practice 2005 • Immigration and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ • Local Government ▇▇▇ ▇▇▇▇ • Criminal Justice ▇▇▇ ▇▇▇▇ • Crime and Disorder ▇▇▇ ▇▇▇▇ • National Health Service ▇▇▇ ▇▇▇▇ • National Health Service ▇▇▇ ▇▇▇▇ • The Adoption and Children ▇▇▇ ▇▇▇▇ • The ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ • Welfare Reform ▇▇▇ ▇▇▇▇ Although information sharing can appear complex and rule bound, the principles are clear and encompassed in the Seven Golden Rules for Information Sharing as defined in Information Sharing: Guidance for practitioners and managers. These underpin all work but are particularly relevant to the work of IMAP. Following are the seven golden rules as well as their relevance and application in IMAP The starting point in relation to sharing information is that practitioners will be open and honest with families from the onset about why, what, how and with whom information will or could be shared. It may be necessary and desirable to deviate from the normal approach of seeking consent in cases where practitioners have reasonable grounds for believing that asking for consent would be unsafe or inappropriate - for example if there is an emergency or if seeking consent could create or increase a risk of harm. There has to be a proportionate reason for not seeking consent and the person making the decision must try to weigh up the important legal duty to seek consent and the damage that might be caused by the proposed information ...

The Legal Framework. 3.1 In addition to the Data Protection Legislation as defined herein each Partner Organisation and every individual involved in the delivery of the JAD and responsible for information and data sharing will be familiar with the principal legislation concerning the protection and use of personal information. This may include but shall not be limited to:

The Legal Framework. OF THE EU FOR THE SAFETY AND RESPONSIBLE USE OF DTC GENETIC TESTS 8.3.1. DTC genetic testing 8.3.2. DTC genetic tests is a service 8.3.3. The EU legal framework of DTC genetic testing services regarding information The E-Commerce Directive (Directive 2000/31/EC) sets up an internal market framework for electronic commerce. It covers also the online services by which health related goods and services are offered on the internet. The E-Commerce Directive regulates certain legal aspects of information society services. Information society services are services that are normally provided for remuneration, from a distance, by electronic means and at the individual request of a recipient of services.453 Furthermore, the Directive established harmonised rules on the information and transparency of online companies which provide (health related) goods and services. Information society services are in principle subject to the legislation of the Member State in which the internet company is established. The E-Commerce Directive requires internet companies to provide certain key information regarding the identity of the company such as name, the geographic address, the company’s email address, and the applicable (professional) rules, the relevant regulatory bodies and the supervisory authority. Member States may take measures to derogate the freedom to provide information society services in order to protect health.454 These measures have to be objectively necessary for the purpose and the result cannot be achieved by less restrictive measure. In addition these measures should not discriminate services or the establishment on grounds of nationality.455 Furthermore when measures derogate from the fundamental right of free movement of services or establishment they must pursue their goal in a consistent and systematic way.456 The Distance Selling Directive (Directive 97/7/EC on the protection of consumers in respect of distance contracts) applies to any contract concerning (health related) goods and services concluded between a supplier and an individual under organised distance sales.457 This Directive requires that anyone selling goods and services at a distance, including internet, should provide information to consumers about some basic rights of consumers. It stipulates that consumers shall be provided with sufficient information on the identity of the provider, the main characterises of the services, the price, the arrangements for payment and delivery performanc...

The Legal Framework. The principal legislations concerning the protection of personal confidential data, personal data, and sensitive personal data are listed below: • Data Protection Act 1998 • European Union General Data Protection Regulation 2016 • Health and Social Care (Safety and Quality) Act 2015 • Human Rights Act 1998 (article 8) • The Freedom of Information Act 2000 • The Common Law Duty of Confidence • Caldicott 2 Review (2013) • Caldicott 3 Review (2016). Other legislation may be relevant when processing or sharing specific information. For example, the sharing of information relating to children may involve (but not limited to) consideration of any of the following: • The Children Act 2004 • The Childcare Act 2006 • Education Act 2002 • Children (Leaving Care) Act 2000 • Protection of Children Act 1999 • Local Government Act 2000 • Criminal Justice Act 2002 • The Adoption and Children Act 2002