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Dear All,

I am after some examples of practice to compare and contrast with our approach.


How are people setting up their process for managing community triggers and where have you included reference to data protection officers or legal officers in the decision to share information in accordance with the DPA.

 

In particular, the Act Anti-social Behaviour, Crime and Policing Act 2014

You are here:2014 c. 12 Schedule 4 section 7 sets out the requirements to share in accordance with the DPA.

  http://www.legislation.gov.uk/ukpga/2014/12/pdfs/ukpga_20140012_en.pdf  (See below).

 

  Information

7 (1) The relevant bodies in a local government area may request any person to

disclose information for a purpose connected with the carrying out of an

ASB case review.

(2) If such a request is made to a person that exercises public functions, and that

person possesses the requested information in connection with the exercise

of such functions, the person must (subject to sub-paragraph (4)) comply

with the request.

(3) If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to subparagraph

(4)) comply with the request.

 

(4) This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from

those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the

disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

 

If you have set something up I would be grateful for a copy of your procedure or protocol.

 

Thanks

 

Lawrence




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