Common Law Duty of Confidentiality. 3.5.1. This Agreement takes into account the common law duty of confidentiality which applies where information has a necessary quality of confidence or where information is imparted in circumstances giving rise to an obligation of confidence that is either explicit or implied. Where the duty applies, disclosure will be justified only by: consent a legal duty a public interest through consent, legal duty and the public interest or for the safeguarding of one or more people.
Common Law Duty of Confidentiality. Nothing in this License Agreement derogates, displaces or otherwise diminishes the common law or equitable duty of confidentiality vested in the receiving Party concerning the Confidential Information.
Common Law Duty of Confidentiality. The duty of confidentiality has been defined by a series of legal judgments and is a common law concept rather than a duty contained in statute. Personal data which is subject to this duty includes:
Common Law Duty of Confidentiality. The principle underlying all criminal-related work is the common law duty of confidentiality owed to the public. This requires that personal information given for one purpose cannot be used for another, and places restrictions on the disclosure of that information. This duty can only be broken if the public interest or another legal obligation requires it.
Common Law Duty of Confidentiality. For Research the Common Law Duty of Confidentiality requires that there should be no use or disclosure of any confidential patient information for any purpose other than the direct clinical care of the patient to whom it relates, unless: • The patient explicitly consents to the use or disclosure; • The disclosure is required by law; • The disclosure is permitted under a statutory process that sets aside the duty of confidentiality. Appropriately pseudonymised or aggregated data is not owed a duty of confidentiality. Under this Data Sharing Agreement, the data being accessed will be in aggregated or in a consistently pseudonymised form, therefore the Common Law Duty of Confidentiality does not apply. Anyone using aggregate data must not attempt to re-identify any individual, by using the aggregated data, and to do so would be a breach of the terms of use. The DPIA section: Role Based Access Controls, and the below De- identification and sensitive codes explains the controls in place in more detail. Access Controls Role Based Access Controls Role Based Access Controls (RBAC) will be applied to the Secure Researcher Environment (SDE) within Arden and Gem CSU technical infrastructure (named as a Data Processor to this Data Sharing Agreement). The RBAC are as follows: - Patient Identifiable Data: Access to patient identifiable data will not be granted as part of this Data Sharing Agreement. Re-identification will not be possible within the Secure Data Environment, however, code can be re-run on source data held in a different environment, via a set of controlled processes for those who have been granted the correct permissions, should this be required, and where there is an appropriate legal basis to do so. Pseudonymised Data: Research organisations and individuals from those organisations, who are approved via an Information Governance Gateway, described in the ‘Governance’ section below, will be granted access to a sub- set of pseudonymised data relating to their research specification and in line with Section 4: Purpose of the Data Sharing. All research projects undertaken with the data will be listed in the Data Access and Asset Matrix explaining the specific purpose, requestor, output, legal basis, and timescale. Anonymised-aggregate Data: Organisations and individuals from those organisations, who are approved via an Information Governance Gateway, described in the ‘Governance’ section below, will be granted access to anonymised-aggregate data via softwar...
Common Law Duty of Confidentiality. The duty of confidentiality requires that unless there is a statutory requirement to use information that has been provided in confidence, it should only be used for purposes that the individual has been informed about and has consented to. This duty is not absolute but should only be overridden if the holder of the information can justify disclosure as being in the public interest, that is, to protect others from harm.
Common Law Duty of Confidentiality. In addition, a range of measures and controls are implemented to ensure that the patient has reasonable expectations of how their data is used and what controls are in place to prevent its misuse or breach. The Sharing Organisations (data providers and data controllers) For the purposes of this sharing requirement the sharing organisations may determine the purpose and use of the personal confidential data including creating, editing, archiving and deleting the data. The sharing organisations are all organisations of all classes that have:
Common Law Duty of Confidentiality. If your agency has received any information in confidence, you almost certainly have a duty towards the data subject. Common law confidentiality is not a written Act of Parliament. It is ‘common’ law. This means that it has been established over a period of time through the courts. It is a form of law based on previous court cases decided by judges, it may also be referred to as ‘case law’. The law is applied by reference to those previous cases, so common law is also said to be based on precedent. It recognises that some information has a quality of confidence, which means that the individual or organisation that provides the information has an expectation that it will not be shared with or disclosed to others. In general it is expected that if information is given in circumstances where a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent. In practice, this means that all information, however and in whatever form it is held, must not normally be disclosed without the consent of the subject. Age, mental health etc are irrelevant considerations, the duty will still apply. To have a quality of confidence it is generally accepted that the information is: Not trivial in nature Not in the public domain or easily available from another source Has a degree of sensitivity Has been communicated for a specific purpose and in circumstances where the individual or organisation is likely to assume an obligation of confidence Be aware though, that as is the case with the Human Rights Act, confidentiality is a qualified right. The Council for example is able to override a duty of confidence when it is required by law, or if it is in the public interest to do so. There are three circumstances making disclosure of confidential information lawful: The individual to whom the information relates has consented Disclosure is necessary to safeguard the individual, or others, or is in the public interest, for example;
Common Law Duty of Confidentiality. 5.1.1 The sharing of personal confidential data via SystmOne and the confidential viewing of personal confidential data via SystmOne are for the purposes of Direct Care only. Accordingly, the patient's consent to such sharing can be implied. All patients/service users will be given the opportunity to choose their preference in how their data is shared.
Common Law Duty of Confidentiality. If signatories have received any information in confidence, a Duty of Confidentiality towards the data subject almost certainly exists. Unless the data subject explicitly consents to sharing, there must be a compelling reason [i.e. in the public interest] to disclose the information compatible with a legitimate ‘policing purpose’.
