In addition, Para 4 SI 2000 no 417 only applies to data that is necessary
for the delivery of confidential services. If you share information on the
scale envisaged I would have thought there is a case that you are not
maintaining confidentiality and also that the sharing is not strictly
necessary in relation to the service being provided.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Michelle Peel" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, March 09, 2012 11:52 AM
Subject: Re: Data Sharing [UNCLASSIFIED]
Hi,
Thank you Phil and Susan for those pointers. Have had a look at both and my
thoughts are:
Condition 7(1)(b) of Schedule 3 states that you can process if there is an
"enactment" which is fine, but is this just legislation, or can it also be
used for any project the Govt decides to ask us to do? If it can be applied,
why not tell us all that in the first place!
Para 4 SI 2000 no 417 - does this not only apply where 4(c) applies? And in
this case this would only be lawful if it was in substantial public interest
(so possibly not individual families), to assist in prevention and detection
of crime (which we already allow for) and so as not to prejudice provision
of support services. In what circumstances might the last point be applied?
Sorry if this is a stupid question, but it's Friday and interpreting legal
speak is not my forte!
We already apply sharing without consent where to obtain consent would put a
person at risk of harm/significant harm, or it would prejudice the
prevention and detection of crime, but in the majority of cases we are
working with we could not justify using this, so it would still need to be
case by case sharing, and in cases where there was no risk, consent should
still be applied. Unless an enactment exists to allow us to go without!
I think my problem is that it's not clear, and it's complicated to work out.
Best wishes,
Michelle
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