1. Getting data sharing right for every child
Maureen H Falconer
Senior Policy Officer
Information Commissioner’s Office

2. The 8 Data Protection Principles
Personal information must be…
Processed fairly and lawfully
Obtained only for one or more specified lawful purposes
Adequate, relevant and not excessive
Accurate and, where necessary, kept up to date
Kept for no longer than is necessary
Processed in accordance with individuals’ rights
Subject to appropriate technical and organisational measures to prevent the unauthorised or unlawful processing, or the accidental loss, destruction, or damage to, personal data
Only transferred to a country or territory outside the EEA where adequate levels of protection for the rights and freedoms of individuals in relation to the processing of personal data can be ensured

3. Fair – privacy issues Tell people – update or create a privacy notice
Be clear whose responsibility that is
Sharing without telling the individual
Useful when considering new or different ways of using personal information
Allows you to identify and manage privacy risks
Communication tool

4. Lawful – conditions for processing
Personal data
Sensitive data
Consent
Contract
Legal obligation
Vital interests
Administration of justice
Public function in the public interest
Legitimate interests of the data controller and third party but not prejudicial to individual
Explicit consent
Employment law
Vital interests
Not-for-profit TU/religious/ political/philosophical groups
Put in public domain by the individual
Legal proceedings/advice
Functions under enactment
Anti-fraud activity
Medical purposes
Equal opps monitoring
Substantial public interest (SI 2000/417)

5. Compliant Information Sharing
DP Principle
C&YP Act
Personal data shall be processed fairly and lawfully
Personal data shall be obtained only for one or more specified and lawful purposes
Statutory powers
Ascertain and have regard to the views of…
Advise, inform or support
Help to access a service or support
Discuss or raise, a matter

6. Compliant Information Sharing
DP Principle
C&YP Act
Personal data shall be adequate, relevant and not excessive
Kept no longer than necessary
is likely to be relevant
it ought to be provided
if the likely benefit outweighs likely adverse effect on wellbeing
which is necessary or expedient

7. Compliant Information Sharing
DP Principle
Organisation
Accurate and up to date
Kept no longer than is necessary
Processed in accordance with rights
Processed securely
Not processed outwith the EEA
Policies and procedures (including data sharing agreements)

8. Data Sharing Code of Practice
ICO required by law to produce
Approved by Secretary of State and UK Parliament
Not following Code is not necessarily a DPA breach
Provides ‘good practice’ advice
Admissible in court proceedings
Poses the questions you need to answer

9. ICO Statement
Misconception that the Act prevents sharing so fear of non-compliance becomes a barrier
The Act promotes lawful and proportionate information sharing
A risk to wellbeing can be a strong indication that the child or young person could be at risk of harm if the immediate matter is not addressed
Where a practitioner believes, in their professional opinion, that there is risk to a child or young person that may lead to harm, proportionate sharing of information is unlikely to constitute a breach of the Act
Consent can be difficult and it should only be sought when the individual has real choice over the matter

10. ICO Statement
The Act provides conditions to allow sharing of such information: functions of a public nature exercised in the public interest (Sch2) and functions conferred under an enactment (Sch3)
Appropriate and relevant protocols conveyed to practitioners to provide a support mechanism for the decision making process
The practitioner should use experience, professional instinct and all available information before they decide whether or not to share
The Data Protection Act should not be viewed as a barrier to appropriate and proportionate sharing!

11. Keep in touch Scotland Office: 45 Melville Street Edinburgh EH3 7HL
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