Common use of For Schools Clause in Contracts

For Schools.  For exercise of a function conferred by enactment and necessary for reasons of substantial public interest under Schedule 1, Part 2, Paragraph 6 of the DPA. The relevant statute is Section 10 and Section 11(2) of the CA, Section 175 Education Act 2002 Personal data relating to criminal convictions and offences or related security measures shall be processed fairly and lawfully, in a transparent manner, and in particular, shall not be processed unless at least one of the lawful bases for processing exists under Article 6 and a separate condition for processing special category data under Article 9 is met, and it shall be carried out only under the control of official authority. For the Council:  The processing meets the requirement in Article 10 of the GDPR for authorisation by the law of the United Kingdom as it is in accordance with section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 6(1) and 6(2) of DPA i.e. necessary for exercise of a function conferred by an enactment or rule of law as set out in section 10 and 11 of the CA and necessary for reasons of substantial public interest For the Constabulary: • The processing meets the requirement of Article 10 of the GDPR for authorisation by law of the United Kingdom as it is in accordance with Section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 18 and 6 of the DPA i.e. Safeguarding children at risk and for the purposes of a function conferred on a person by an enactment or rule of law For Schools:  The processing meets the requirement in Article 10 of the GDPR for authorisation by the law of the United Kingdom as it is in accordance with section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 6(1) and 6(2) of DPA i.e. necessary for exercise of a function conferred by an enactment or rule of law as set out in section 10 and 11 of the CA, Section 175 of the Education Act and is necessary for reasons of substantial public interest. The sharing of information under this Agreement will be compliant with the European Convention of Human Rights and the Human Rights Act 1998, in particular Article 8 which states that: ‘Everyone has the right to respect for his private and family life, his home and his correspondence’. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 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 through consent, legal duty, and the public interest or for the safeguarding of one or more people. The following highlights relevant legislation and how information sharing for the purpose of Operation Encompass is viewed in respect of that legislation.

For Schools.  For exercise of a function conferred by enactment and necessary for reasons of substantial public interest under Schedule 1, Part 2, Paragraph 6 of the DPA. The relevant statute is Section 10 and Section 11(2) of the CA, Section 175 Education Act 2002 Personal data relating to criminal convictions and offences or related security measures shall be processed fairly and lawfully, in a transparent manner, and in particular, shall not be processed unless at least one of the lawful bases for processing exists under Article 6 and a separate condition for processing special category data under Article 9 is met, and it shall be carried out only under the control of official authority. For the Council:  • The processing meets the requirement in Article 10 of the GDPR for authorisation by the law of the United Kingdom as it is in accordance with section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 6(1) and 6(2) of DPA i.e. necessary for exercise of a function conferred by an enactment or rule of law as set out in section 10 and 11 of the CA and necessary for reasons of substantial public interest For the Constabulary: • The processing meets the requirement of Article 10 of the GDPR for authorisation by law of the United Kingdom as it is in accordance with Section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 18 and 6 of the DPA i.e. Safeguarding children at risk and for the purposes of a function conferred on a person by an enactment or rule of law For Schools:  • The processing meets the requirement in Article 10 of the GDPR for authorisation by the law of the United Kingdom as it is in accordance with section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 6(1) and 6(2) of DPA i.e. necessary for exercise of a function conferred by an enactment or rule of law as set out in section 10 and 11 of the CA, Section 175 of the Education Act and is necessary for reasons of substantial public interest. The sharing of information under this Agreement will be compliant with the European Convention of Human Rights and the Human Rights Act 1998, in particular Article 8 which states that: ‘Everyone has the right to respect for his private and family life, his home and his correspondence’. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 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 through consent, legal duty, and the public interest or for the safeguarding of one or more people. The following highlights relevant legislation and how information sharing for the purpose of Operation Encompass is viewed in respect of that legislation.and

For Schools.  For exercise of a function conferred by enactment and necessary for reasons of substantial public interest under Schedule 1, Part 2, Paragraph 6 of the DPA. The relevant statute is Section 10 and Section 11(2) of the CA, Section 175 Education Act 2002 Personal data relating to criminal convictions and offences or related security measures shall be processed fairly and lawfully, in a transparent manner, and in particular, shall not be processed unless at least one of the lawful bases for processing exists under Article 6 and a separate condition for processing special category data under Article 9 is met, and it shall be carried out only under the control of official authority. For the Council:  • The processing meets the requirement in Article 10 of the GDPR for authorisation by the law of the United Kingdom as it is in accordance with section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 6(1) and 6(2) of DPA i.e. necessary for exercise of a function conferred by an enactment or rule of law as set out in section 10 and 11 of the CA and necessary for reasons of substantial public interest For the Constabulary: • The processing meets the requirement of Article 10 of the GDPR for authorisation by law of the United Kingdom as it is in accordance with Section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 18 and 6 of the DPA i.e. Safeguarding children at risk and for the purposes of a function conferred on a person by an enactment or rule of law For Schools:  • The processing meets the requirement in Article 10 of the GDPR for authorisation by the law of the United Kingdom as it is in accordance with section 10(5) of the DPA in that the processing meets the condition in Schedule 1, Part 2, Paragraph 6(1) and 6(2) of DPA i.e. necessary for exercise of a function conferred by an enactment or rule of law as set out in section 10 and 11 of the CA, Section 175 of the Education Act and is necessary for reasons of substantial public interest. The sharing of information under this Agreement will be compliant with the European Convention of Human Rights and the Human Rights Act 1998, in particular Article 8 which states that: ‘Everyone has the right to respect for his private and family life, his home and his correspondence’. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 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 through consent, legal duty, and the public interest or for the safeguarding of one or more people. The following highlights relevant legislation and how information sharing for the purpose of Operation Encompass is viewed in respect of that legislation.