Crime Reduction - Helping to Reduce Crime in Your Area

Model Protocol

These pages are due to be updated. More up to date information on information sharing can be found in 'Delivering Community Safety - A guide to effective partnership working' and the Information Commissioners Code of Practice on Information Sharing.

PERSONAL DATA SECTION

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1. We understand that personal data is information which relates to a living individual who can be identified from the data, or from the data and other information which is in the possession of, or is likely to come into the possession of, the data controller. This includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. This data will be clearly marked as personal data and kept securely within a pass-worded computer system or otherwise physically secure with appropriate levels of staff access. We undertake to destroy all personal information when no longer required for the purpose for which it was provided.
   
   

2. We undertake to formally record all grounds for disclosure of personal information. We will process information fairly and objectively for each case. We agree that we will only disclose sufficient information to enable our partners to carry out the relevant purpose for which the data is intended. This we will determine on a case by case basis.
   
   

3. Personal information should only be shared in a particular case when we, as the disclosing partner, are satisfied that; a) We are legally empowered to do so. We are complying with at least one condition of schedule 2 of the Data Protection Act 1998, when processing personal data [see appendix]. b) The proposed disclosure of personal information can be done in accordance with the principles of the Data Protection Act 1998; c) We can disclose personal information reflecting the common law of confidentiality; d) and the principles of the Human Rights Act 1998.
   
   

4. Section 115 of the Crime and Disorder Act 1998 provides us with lawful power for disclosure where this is for the purpose of implementing the provisions of the Act. However, although the Act creates a situation where the disclosure of information may be lawful, it does not impose an obligation to do so, and the presumption of confidentiality will still apply.
   
   

5. We will only disclose personal data relating to a victim, informant or witness with the consent of the data subject, (unless there is an overriding public interest in disclosure). This will be to [name] staff or posts to enable them to carry out their duties in the exercise of a public function. Medical practitioners who are bound to be registered with the General Medical Council are expected to take into account the guidance of confidentiality by the latter. [See appendix for guidance.] 
   
   -We can also disclose on a case by case basis, for the following reasons (provided there is a lawful basis for disclosure, where there is a substantial chance that one of the following purposes would be prejudiced);
   
   a) to prevent or detect crime 
   b) to apprehend or prosecute offenders
   
   

6. When disclosure is required, we agree to ensure that: 
   
   a) the information is being processed lawfully: the information is being processed fairly   
   b) the public interest is of sufficient weight to over-ride the presumption of confidentiality and to justify any interference with the right to privacy etc in Article 8 of the European Convention of Human Rights
   c) a disclosure is necessary to support action under the Crime and Disorder Act   
   d) any disclosure must have regard to specific statutory restrictions on disclosure.
   
   

7. We understand the Public Interest criteria, to include:  
   
   a) the administration of justice  
   b) maintaining public safety  
   c) the apprehension of offenders  
   d) the prevention of crime and disorder  
   e) the detection of crime  
   f) the protection of vulnerable members of the community.
   
   

8. NON-DISCLOSURE EXEMPTIONS: We agree any request for information by a partner must specify as clearly as possible, how failure to disclose the information would jeopardise the crime prevention or detection, as set-out in s29(3) of the Data Protection Act 1998. It must be stated why the case might fail without this information, and what the assumed effect of the successful case might be, following successful disclosure.
   
   

9. HUMAN RIGHTS ACT 1998: Article 8 of the Human Rights Act 1998 states that everyone has the right to respect for his private and family life, home, and his correspondence and that there shall be no interference by a public authority with this right except as in accordance with the law and is necessary in a democratic society in the interests of:  
   
   a) National Security  
   b) Public Safety  
   c) Economic well being of the country  
   d) The prevention of crime and disorder  
   e) The protection of health or morals  
   f) The protection of the rights or freedoms of others.
   
   

10. PROPORTIONALITY: If the disclosure of information will in some way restrict the rights of the data subject, we will consider the rule of proportionality. This is to ensure that a fair balance must be achieved between the protection of the individual’s rights, with the general interests of society.
    
    

11. CONFIDENTIALITY: We undertake that information will only be used for the purpose for which it was requested, and will securely store it and destroy it when no longer required. We understand that outside agencies wishing to be part of the information sharing process, will upon signing this protocol, be bound to comply with its terms.
    
    

12. [Include if appropriate or skip to 13].  
    CAUTIONS & CONVICTIONS: We agree that details of cautions (or reprimands/ warnings issued under the Crime and Disorder Act) which relate to an adult will not generally be disclosed as the cautioning procedure creates an expectation that the offence has been dealt with and that no further action will be taken. In these cases, sensitive personal data is involved, requiring a further condition in Schedule 3 to be complied with, when dealing with disclosures.  
    
    We understand that the exchange of personal information post conviction will be subject to the same presumption of confidentiality. However, the prevention of crime and administration of justice, as provided for in the Crime and Disorder Act 1998, are obviously in the public interest and may provide the grounds upon which a disclosure can be justified.  
    
    Details of convictions recorded on the Police National Computer, or retained on file by us, can be released to another designated officer where this is justified in the public interest, to support proceedings under the Crime and Disorder Act 1998. We recognise that we must exercise care in the disclosure of conviction data and a designated officer must ensure that information is accurate and relevant to an enquiry before it is released.
    
    

13. [Include if appropriate.]  
    YOUTH OFFENDING TEAMS: It is permissible for information to be disclosed to the members of a youth offending team (or local youth justice team) for the purpose of any provision of the Crime and Disorder Act 1998.  Following the initial referral, designated officers attached to the team will be responsible for the further disclosure of relevant personal information and conviction data.

There may be occasions when it is necessary for members of the youth offending team to disclose personal information to another agency. In such circumstances the following guidelines must be followed:

a) A secondary disclosure of personal information must generally be authorised by the original data controller.

b) The disclosure must support action under the Crime and Disorder Act 1998.

c) The public interest must outweigh any duty of confidentiality and must justify any interference with the right to privacy under Article 8 of the European Convention of Human Rights 1998.

d) The information must be processed fairly.

The youth offending team manager will be responsible for ensuring that personal information provided to the team is stored in a secure place and destroyed when it is no longer required.

Last update: Friday, January 09, 2009