Please note, this list is not exhaustive or prescriptive.
Protocols are living documents. As such, they are always susceptible to the changes in law and best practice and should be updated and amended accordingly.
This model is a guideline only: users can tailor it to meet their own needs. Further useful information on protocols can be obtained from http://www.crimereduction.gov.uk/infosharing21.htm from which this protocol is adapted.
[This type of data is seen as a good method for exchanging the information required, as long as this can achieve the required objective].
[It must be noted that the above represents the recommended approach to setting-up data sharing arrangements. You may have less formal arrangements.]
This Protocol [insert title here], must be signed by a representative of sufficient standing from each of the named parties, in the following format:
[Repeat the above process until a representative from each named party on this Protocol is included].
[It must be noted that the Protocol should be written in as plain and clear English as possible].
[Insert as many terms as are relevant to your Protocol and / or add your own].
A register specific to a project where personal information is shared logging the authorised access to the information.
Those signatories party to this Protocol.
Data that consists of statistics of events forming a trend or pattern but from which it is not possible to identify individuals.
Acting in a manner or pursuing a course of conduct that causes or is likely to cause alarm or distress to at least one person who is not of the same household as the person engaging in the behaviour..
A process of collating statistical data from lawful sources to identify trends or patterns in crime and disorder in order to formulate strategies and projects to disrupt and negate criminal and antisocial behaviour.
A process of collating data for the purpose of identifying and refining internal procedures of partner agencies, by means of examination of all documentation kept on the information exchange.
The disclosure of a quantity/set of identifiable personal data, for the purpose of a criminal investigation/crime and disorder/ anti social behaviour initiative.
A common law duty of confidentiality IS owed to the public. This requires that personal information given for one purpose cannot be used for another, and places restrictions on the disclosure of that information. This duty can only be broken if the public interest requires it. Statutory provisions on disclosure override common law provisions.
Agreement, either expressed or implied, to an action based on knowledge of what that action involves, its likely consequences and the option of saying no.
Consent which is expressed orally, or in writing, (except where patients cannot write or speak, when other forms of communication may be sufficient).
Essentially the same as "information" but tends to be information recorded in a form, which can be processed by equipment automatically (usually electronically), in response to specific instructions.
DATA IN THE PUBLIC DOMAIN:
Any information which is publicly available, whether it relates to a living individual or not. For example, information found on the internet, television or court records,
Is the person who decides the purposes for which and the manner in which 'personal data' is to be 'processed'.
Includes the obtaining, holding, recording, retrieval, organisation and disclosure of data - it is a very wide concept indeed
DATA PROTECTION ACT 1998:
A major piece of legislation, governing who can store data and share it and under which circumstances. It embodies the eight basic principles of data processing, and gives guidance on data sharing.
DATA SHARING (EXCHANGE):
The physical exchange of data between one or more individuals or agencies; this is data recorded in an electronic or processing form. For example, this usually involves the transfer of a data set to a partner agency.
An individual who is the subject of personal data, being data from which a living individual can be identified.
This is information where any reference to or means of identifying a living individual has been removed or "sanitised".
A person nominated by the agency of sufficient standing, to process or initiate requests for personal information and data.
PRIMARY DESIGNATED OFFICER:
As Designated Officer, only the most senior member of the information sharing party in the partnership.
A written request by the Designated Officer for personal information made to the information holder.
HOT SPOT AREAS:
These are geographic areas of focus, where there is a disproportionately above average incidence of criminal activity and/or antisocial behaviour activity.
HUMAN RIGHTS ACT 1998:
This Act requires public authorities to comply with Article 8 of the European Convention on Human Rights, amongst other human rights. Article 8 is the right to respect for private and family life. Interference with this right is justified only when it is in accordance with the law, and is necessary in pursuing a legitimate public interest in a proportionate manner.
Parties may seek to indemnify themselves against eventual legal action or litigation for compensation for damage or distress under the relevant legislation. As protocols are not legally binding documents it is wrong to assume that mention of an indemnity clause would place signatories beyond legal challenge. We have thus omitted an indemnity clause in this model but it may be an option for an organisation (see section 37 above).
This is essentially the passing of knowledge from one party to another in this Protocol.
INFORMATION SHARING (EXCHANGE):
Involves a physical exchange of data between one or more individuals or agencies.
This is the end product of a process by which that information is checked and compared with other information and is then use to inform decision-making.
This is the process of combining data resources and the use of different types of data, to create a more accurate or clear picture of what is going on in the area.
Any information which does not or cannot be used to establish the identity of a living individual.
Must relate to a living individual who can be identified from the data. Therefore, anonymised or aggregated data (see below) which cannot be used to identify particular individuals does not fall within the definition. Furthermore, personal data includes expressions of opinion and of the data controller's intention in relation to the data subject.
Information which relates to a living individual who can be identified from the data or any other information which is in the possession of the data controller.
PROTOCOL CO-ORDINATION FOLDER:
To be held by each partner agency giving an overview of its information-sharing arrangements.
Information is judged to be in the public domain when it is so generally accessible that it can no longer be regarded as confidential.
Any of these bodies or persons referred to in Section 139.
Periodic review of data exchanged for the purposes of the protocol including review of the scope, relevance and accuracy of disclosed data; a review process which shall be defined at the tie of the protocol initiation.