Shared Information. The Data Recipient shall not delete or remove any proprietary notices contained within or relating to the Shared Information. The Data Recipient shall take responsibility for preserving the integrity of the Shared Information and preventing the corruption or loss of the Shared Information. Freedom of information [DN: Include Clause 12 and delete clause 13 if the Data Recipient is not subject to FOIA or the Environmental Information Regulations. If the Data Recipient is subject to those regimes delete Clause 12 and retain Clause 13.] [DN Partner] acknowledges that DCPT is subject to the requirements of FOIA and the Environmental Information Regulations, which provide the public with a general right of access to information held by public authorities, and shall assist and co-operate with DCPT to enable DCPT to comply with its information disclosure obligations. [DN Partner] agrees to: transfer to DCPT all Requests for Information that it receives as soon as practicable and where possible within two working days of receiving a Request for Information; provide DCPT with a copy of all information in its possession, or power in the form that DCPT requires within [five] Working Days (or such other period as DCPT may specify) of DCPT's request; and provide all necessary assistance as reasonably requested by DCPT to enable DCPT to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. DCPT shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether any information is exempt from disclosure in accordance with the provisions of FOIA or the Environmental Information Regulations. In no event shall [DN Partner] respond directly to a Request for Information unless expressly authorised to do so by DCPT. [DN Partner] acknowledges that (notwithstanding the provisions of this Clause) DCPT may, be obliged under FOIA or the Environmental Information Regulations to disclose information concerning [DN Partner] and/or the information sharing: in certain circumstances without consulting [DN Partner]; or following consultation with [DN Partner] and having taken their views into account; Provided always that where paragraph (a) applies DCPT shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give [DN Partner] advanced notice, or failing that, to draw the disclosure to [DN Partner]’s attention after any such disclosure. Whilst understanding that any decision will have to be taken at the time of a request for disclosure, [DN Partner] has identified that the following information should be considered for exemption due to its commercial sensitivity in as much as the information is a trade secret, or release of the information is likely to prejudice the commercial interests of [DN Partner] or another person. [DN Partner] shall ensure that all information is retained for disclosure [in accordance with Annex 2 and shall permit DCPT to inspect such records as requested from time to time]. [DN: Include the words in square brackets if specific provision is required and complete Annex 2] Freedom of Information [DN: Clause 13 is likely to be most appropriate if the Data Recipient is subject to FOIA and the Environmental Information Regulations]
Appears in 3 contracts
Sources: Secondary Information Sharing Agreement, Secondary Information Sharing Agreement, Secondary Information Sharing Agreement