Legal basis for Sharing. 4.1. Each Party shall comply with all relevant Information Law requirements and good practice in relation to the processing of Relevant Information shared further to this Agreement.
Legal basis for Sharing. The new General Data Protection Regulation (GDPR) is in application from 25 May 2018, and together with the Data Protection Xxx 0000 supersedes the UK Data Protection Xxx 0000 (DPA). With the onset of GDPR the professionals involved in individual care (or direct care) will be using implied consent to view shared medical records. In order for the sharing of Personal Data to comply with Article 5 of the General Data Protection Regulation it must be fair and lawful and one of the Article 6 conditions must be met. Article 9 conditions must also be met if Sensitive Personal Data or special category data is being shared. The following articles are the ones that apply for sharing of data for the professionals involved in direct care:
Legal basis for Sharing. First Principle The first Data Protection principle states that data must be processed lawfully and fairly. Sharing must be ‘fair’ by ensuring the subject is aware of what is being shared and for what purpose. Only in situations where informing the subject is likely to cause them or others significant harm/distress, or prejudice a situation, or as required by law, can this principle be set aside. The Department for Employment and Learning has statutory power, under the Employment and Training Act (Northern Ireland) 1950 Chapter 29 to make provision with respect to employment and the training of persons for employment; and for purposes connected therewith. The following extract of the Act should be noted:
Legal basis for Sharing. 1.1. The MARAC is a local, multi-agency meeting where information will be shared between agencies regarding high risk cases of domestic abuse.
Legal basis for Sharing. Any processing of personal data must generally (there are certain limited exceptions) comply with the Data Protection Principles set out in Schedule 1 of the Data Protection Act 1998 (“DPA”):
Legal basis for Sharing. The City Corporation has a statutory duty to safeguard and promote the welfare of children within its area who are in need by providing appropriate services under Section 17 of the Children Xxx 0000, and it is considered necessary to share the Data to effectively discharge this duty. The Data will be shared, and otherwise managed, held, retained and processed, in accordance with Article 6(c) GDPR (processing is necessary for compliance with a legal obligation) and Schedule 1, Part 2, clause 18 of the 2018 Act – Safeguarding of children and of individuals at risk. And as specifically provided for in this agreement. It is considered that the School may disclose the Data to the City Corporation for the purposes of the City Corporation’s exercise of its duties under the Children Xxx 0000 referred to above and that this disclosure is fair and lawful in relation to the child (the data subject). Further, the disclosure of the Data is considered compatible with the purposes for which it was obtained and will be disclosed in accordance with the School’s data protection policies and the School’s privacy notices.
Legal basis for Sharing. 2.1 Each Provider Partner agrees that it is a Data Controller in respect of personal data that it discloses and a Data Controller in common in respect of any information that it accesses from the Integrated Care Records. It is acknowledged by the Provider Partners that PKB acts as a data controller of Personal Data including Sensitive Personal Data when providing Patient Access Services.
Legal basis for Sharing. 72 In writing this Agreement due attention has been paid to the views of the Parties where possible, and all guidance has been written to ensure that the disclosure, access, storage and processing of shared information is accurate, necessary, secure, legal and ethical, taking into account relevant legislation and approved guidance where applicable, including: • XXX Xxx 0000; • General Data Protection Regulation 2016 • Equality Xxx 0000; • Access to Health Records Xxx 0000; • Human Rights Xxx 0000; • Computer Xxxxxx Xxx 0000; • Freedom of Information Xxx 0000; • Confidentiality: NHS Code of Practice; • Data Protection Xxx 0000; • Common Law Duty of Confidentiality. 73 The Secretary of State for Health has responsibility to make arrangements for healthcare provision nationally and to comply with legislation. The Secretary of State for Health, acting through NHSCFA, has a responsibility to ensure healthcare provision is protected from fraud and other unlawful activities. It is therefore appropriate that information relating to the administration of NHS business may be used for these purposes provided that the requirements of law and policy are satisfied.
Legal basis for Sharing. 63 In writing this Agreement, due attention has been paid to the views of the Parties where possible, and all guidance has been written to ensure that the disclosure, access, storage and processing of shared information is accurate, necessary, secure, legal and ethical, taking into account relevant legislation and approved guidance where applicable, including: • XXX Xxx 0000; • General Data Protection Regulation 2016 • Equality Xxx 0000; • Access to Health Records Xxx 0000; • Human Rights Xxx 0000; • Computer Xxxxxx Xxx 0000; • Freedom of Information Xxx 0000; • Confidentiality: NHS Code of Practice; • Data Protection Xxx 0000; • Common Law Duty of Confidentiality. 4 The Caldicott Information Governance Review can be found at : xxxxx://xxx.xxx.xx/government/uploads/system/uploads/attachment_data/file/192572/2900774_I nfoGovernance_accv2.pdf 64 The Secretary of State for Health has responsibility to make arrangements for healthcare provision nationally and to comply with legislation. The Secretary of State for Health, acting through NHSCFA, has a responsibility to ensure healthcare provision is protected from fraud and other unlawful activities. It is therefore appropriate that information relating to the administration of NHS business may be used for these purposes provided that the requirements of law and policy are satisfied.
Legal basis for Sharing. Section 10 of the Children’s Xxx 0000 places a duty on the MASH agencies to cooperate to improve the wellbeing of children and young people, which includes protection from harm and neglect. This includes the proportionate sharing of information, where appropriate, to make the best decisions for children and young people. It is the responsibility of all agencies to ensure they are aware of their responsibilities in this regard in order to ensure they are able to respond within set time scales to enquiries from the MASH in order to Safeguard Children and Young People.
