Common use of Common Law Duty of Confidence Clause in Contracts

Common Law Duty of Confidence. Much of the police information to be shared will not have been obtained under a duty of confidence as it is legitimately assumed that data subjects will understand that police will act appropriately with regards to the information for the purposes of preventing harm to or promoting the welfare of children. However, for the police, as a safeguard before any information is passed on, it will undergo an assessment check against criteria (included in relevant Standard Operating Procedures) by the Public Protection Desk (PPD). Whilst still applying proportionality and necessity to the decision, the protection of persons at risk would clearly fulfil a public interest test when passing the information to a partner agency whose work with the police would facilitate this aim. Information held by other agencies that will be shared in the Prevent process may have been gathered where a duty of confidence is owed. Duty of confidence is not an absolute bar to disclosure as information can be shared where consent has been provided or where there is a strong enough public interest to do so. When overriding the duty of confidentiality, the parties may seek the views of the organisation who hold the duty of confidentiality and consider their views in relation to breaching confidentiality. The organisation may wish to seek legal advice if time permits.

Common Law Duty of Confidence. Much of the police information to be shared will not have been obtained under a duty of confidence as it is legitimately assumed that data subjects will understand that police will act appropriately with regards to the information for the purposes of preventing harm to or promoting the welfare of children. However, for the police, as a safeguard before any information is passed on, it will undergo an assessment check against criteria (included in relevant Child Abuse Investigation Command Standard Operating Procedures) by the Public Protection Desk (PPD). Whilst still applying proportionality and necessity to the decision, the protection of children or other vulnerable persons at risk would clearly fulfil a public interest test when passing the information to a partner agency whose work with the police would facilitate this aim. Information held by other agencies that will be shared in the Prevent process may have been gathered where a duty of confidence is owed. Duty of confidence is not an absolute bar to disclosure as information can be shared where consent has been provided or where there is a strong enough public interest to do so. When overriding the duty of confidentiality, the parties may seek the views of the organisation who hold the duty of confidentiality and consider their views in relation to breaching confidentiality. The organisation may wish to seek legal advice if time permits.

Common Law Duty of Confidence. ‌ Much of the police information to be shared will not have been obtained under a duty of confidence as it is legitimately assumed that data subjects will understand that police will act appropriately with regards to the information for the purposes of preventing harm to or promoting the welfare of children. However, for the police, as a safeguard before any information is passed on, it will undergo an assessment check against criteria (included in relevant Child Abuse Investigation Command Standard Operating Procedures) by the Public Protection Desk (PPD). Whilst still applying proportionality and necessity to the decision, the protection of children or other vulnerable persons at risk would clearly fulfil a public interest test when passing the information to a partner agency whose work with the police would facilitate this aim. Information held by other agencies that will be shared in the Prevent MAS process may have been gathered where a duty of confidence is owed. Duty of confidence is not an absolute bar to disclosure as information can be shared where consent has been provided or where there is a strong enough public interest to do so. When overriding the duty of confidentiality, the parties may seek the views of the organisation who hold the duty of confidentiality and consider their views in relation to breaching confidentiality. The organisation may wish to seek legal advice if time permits.