I would presume that although a legal basis for sharing may be determined consideration of the Human Rights Act would still be given? (more so if by an unusual act that’s non specific).
Operating like this would give the heeby jeebies..........as you wait for your challenges to come in!
Nicky Huntley
Head of IG & Legal Services
Quality Assurance & Academic Directorate
South Tees Hospitals NHS Foundation Trust,
Marton Road, Middlesbrough,TS4 3BW
Tel: 01642 854964 – Ext:: 54964 – Work Mobile: 07827 955538
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of bainesy1969
Sent: 10 June 2015 09:01
To: [log in to unmask]
Subject: Re: [data-protection] Legal Basis for sharing
Got to say I'm confused. Are they saying individuals can process the sensitive personal data of third parties without their consent? That's the only way I can see the general power of competence applying. Or am I missing something?
Jon Baines,
Chair,
nadpo.co.uk
> On 10 Jun 2015, at 08:18, Lynn Wyeth <[log in to unmask]> wrote:
>
> Dear all
>
> The Troubled Families programme etc has been extended and part of the plan is to now look at a control grip, without their knowledge or consent. This has obviously raised concerns in DPA/ IG circles.
>
> DCLG is saying that there's no need to get consent due to the following, and the ICO has backed it:
>
> "A local authority participating in the study may rely on the implied statutory power provided by the general power of competence under section 1 of the Localism Act 2011. This gives local authorities the power to do anything that individuals generally may do. This power may be combined with the power in section 111 of the Local Government Act 1972, which allows local authorities to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of the functions of a local authority. Together these provide a legal basis for sharing.
>
> Furthermore, Ministers of the Crown have ordinary common law powers to do whatever a natural person may do. In this context the Secretary of State for DCLG is commissioning this research in exercise of its common law powers and, as outlined above and in the programme’s Financial Framework, NIS is an essential part of this."
>
> (There are also some express powers set out in statute, such as DWP’s
> specific powers allowing information to be shared for research
> purposes in specified circumstances, we're ok with them)
>
> Any thoughts on the above. It seems when there is no clear express gateway they increasingly use the above about the Localism Act and it gives them pretty much carte blanche to over-ride confidentiality, right to opt-out, fair processing etc more and more.
>
> Common law powers - This is the first time I've seen this used. Anyone else ever used it in an Info sharing agreement?
>
> Would you all be happy to process families' sensitive personal data, without them knowing, on the grounds mentioned above?
>
> Lynn
>
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