The second requirement of the principle is to ensure that any sharing that takes place is Schedules 2 and 3 of the DPA provide a list of conditions that must be ‘lawful’. met in order for the sharing of personal data and personal data to be lawful. ‘sensitive’ The DPA defines sensitive personal data as information relating to a person’s racial or ethnic origin; religious or other beliefs; physical or mental health or condition; sexual life; and offences committed (or accused of) and the outcome of those offences. When an organisation wants to share personal data to support Early Help, it must be able to satisfy at least one condition listed in Schedule 2 of the DPA 1998. If ‘sensitive’ personal data is shared, the disclosing person must also be able to satisfy at least one condition listed in Schedule 3 of the DPA 1998 (or the Data Protection Processing of Sensitive Personal Data Order 2000) as well. Partners signed up to this agreement recognise that the following conditions derived from the Data Protection Act may be relevant when considering whether they can lawfully share information: Schedule 2 one or more of these conditions must be met when sharing personal – data Condition 1 - the data subject has provided consent to the sharing; Condition 3 - the sharing is necessary to comply with a legal obligation Condition 4 - the sharing is necessary to protect the individual’s life or protect them from serious harm Condition 5 - the sharing is in the and is necessary for the disclosing public interest organisation or another organisation to undertake its official duties; Condition 6 - the sharing is necessary for a legitimate and lawful purpose and does not cause unwarranted prejudice to the data subject Schedule 3 one or more of these conditions must be met when sharing – ‘sensitive’ personal data, as well as at least one condition from Schedule 2 Condition 1 the data subject has provided their consent to the sharing; or – ‘explicit’ Condition 3 the sharing is necessary to protect the life of the individual or someone – else or to protect them from serious harm; or Condition 7- the sharing is necessary for the exercise of any functions of a government department
The second requirement of the principle is to ensure that any sharing that takes place is ‘lawful’. Schedules 2 and 3 of the DPA provide a list of conditions that must be met in order for the sharing of personal data and ‘sensitive’ personal data to be lawful. The DPA defines sensitive personal data as information relating to a person’s racial or ethnic origin; religious or other beliefs; physical or mental health or condition; sexual life; and offences committed (or accused of) and the outcome of those offences. When an organisation wants to share personal data to support Early Help, it must be able to satisfy at least one condition listed in Schedule 2 of the DPA 1998. If ‘sensitive’ personal data is shared, the disclosing person must also be able to satisfy at least one condition listed in Schedule 3 of the DPA 1998 (or the Data Protection Processing of Sensitive Personal Data Order 2000) as well. Partners signed up to this agreement recognise that the following conditions derived from the Data Protection Act may be relevant when considering whether they can lawfully share information: Schedule 2 – one or more of these conditions must be met when sharing personal data Condition 1 - the data subject has provided consent to the sharing; Condition 3 - the sharing is necessary to comply with a legal obligation Condition 4 - the sharing is necessary to protect the individual’s life or protect them from serious harm Condition 5 - the sharing is in the public interest and is necessary for the disclosing organisation or another organisation to undertake its official duties; Condition 6 - the sharing is necessary for a legitimate and lawful purpose and does not cause unwarranted prejudice to the data subject Schedule 3 – one or more of these conditions must be met when sharing ‘sensitive’ personal data, as well as at least one condition from Schedule 2 Condition 1 – the data subject has provided their ‘explicit’ consent to the sharing; or Condition 3 – the sharing is necessary to protect the life of the individual or someone else or to protect them from serious harm; or Condition 7- the sharing is necessary for the exercise of any functions of a government department
working-practice-agreement-eh.docx