The Legal Framework. 3.1. Based on sections 1 and 2 above, the Authority finds that the Respondent committed a breach regarding the financial statements for the second quarter of 2012, according to sub-section (4) to Part C of the seventh addendum to the Israeli Securities Law: Including a misleading detail in the statement, when it should have known that this may mislead a reasonable investor.
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. 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: Article 8 of The Human Rights Act 1998 The “Caldicott Principles” The 8 principles of The Data Protection Act 1998 The Common Law Duty of Confidence Computer Misuse Act Civil Contingencies Act 2004
3.2 Other legislation may be relevant when sharing specific information. 4.
The Legal Framework. Each signatory agency to this Protocol undertakes to co-operate fully with each-other within the parameters of the following legislative instruments: • Data Protection Act 2018 • UK General Data Protection Regulation (UK GDPR) • Human Rights Act 1998 • Common Law Duty of Confidentiality
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 Xxx 0000 (article 8) The Freedom of Information Xxx 0000 Data Protection Xxx 0000 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 Xxx 0000 The Children Xxx 0000 Education Xxx 0000 Learning & Skills Xxx 0000 Education (SEN) Regulations 2001 Children (Leaving Care) Xxx 0000 Protection of Children Xxx 0000 Local Government Xxx 0000 Criminal Justice Xxx 0000 National Health Service Xxx 0000 National Health Service Xxx 0000 The Adoption and Children Xxx 0000 Health and Social Xxx 0000
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 X. x. Xxxxxxxx (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. 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 & XxXX (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 Xxx 0000 (article 8) • The Freedom of Information Xxx 0000 • Data Protection Xxx 0000 • The Common Law Duty of Confidence • Computer Misuse Act • Civil Contingencies Xxx 0000
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. 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 main legal framework relating to the protection of personal information and how it is exchanged in IMAP is set out in: • The Human Rights Xxx 0000, 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 Xxx 0000, 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 Xxx 0000 • The Children Xxx 0000 • Education Xxx 0000 • Education Xxx 0000 • Learning and Skills Xxx 0000 • Education (SEN) Regulations 2001 • Children (Leaving Care) Xxx 0000 • Mental Xxxxxxxx Xxx 0000 • Mental Capacity Act Code of Practice 2005 • Immigration and Xxxxxx Xxx 0000 • Local Government Xxx 0000 • Criminal Justice Xxx 0000 • Crime and Disorder Xxx 0000 • National Health Service Xxx 0000 • National Health Service Xxx 0000 • The Adoption and Children Xxx 0000 • The Xxxxxxxx Xxx 0000 • Welfare Reform Xxx 0000 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 ...
