Can I Share Data Checklist

Under the Crime and Disorder Act 1998, anyone can disclose information to the Police, a Local Authority, Police authority, Probation Committee, Health Authority or to persons acting on their behalf, where disclosure is necessary or expedient for the purposes of reducing crime and disorder in their area.

Disclosure by those organisations to other organisations is not as straightforward. In determining, whether personal information or sensitive information can be exchanged in accordance with the Crime & Disorder Act, the attached checklist provides a short summary of the main considerations.

Assuming that there is no other form of statutory restriction, information can normally be exchanged between these organisations in accordance with the Crime & Disorder Act, provided that this meets with a clear crime reduction objective, outlined in the local Crime &. Disorder Strategy and a formal agreement is in place. Ideally, this agreement should be outlined in the local Crime & Disorder Strategy and available to members of the public.

Where this is the case, this would normally constitute a legitimate basis for processing information under the Data Protection Act 1998, although it would need to be demonstrated that any physical exchange of information was not contrary to:

a common law duty of confidentiality owed to the individual, who is subject to the information.

the eight data protection principles or any other provision within the Data Protection Act 1998.

the Human Rights Act 1998.

any other statutory provision (e.g. the Rehabilitation of Offenders Act 1975).

An information sharing protocol outlining how the organisations exchanging information would meet these legal requirements and can be incorporated into any agreement between the responsible authorities and those acting on their behalf.

More detailed guidance on legal considerations and information sharing protocols can be found at:

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