Sharing Personal Information

It is often appropriate and necessary for partnerships to share data that can identify a living individual (‘personal data’) for the purposes of reducing crime and disorder. Section 115 of the Crime and Disorder Act 1998 provides a legal basis for data sharing with relevant authorities where it is necessary for fulfilling duties contained in the Act. This means that there are a wide range of activities in which the sharing of personal information is not only useful but legally permissible, particularly where decisions regarding particular interventions with individuals are being discussed. These are considered more fully on the Crime Reduction Website at http://crimereduction.homeoffice.gov.uk/toolkits/ui0307.htm (link opens in a new window).

Your processes for deciding when to share information and how those who receive the information should retain it should be compliant with:

  • The Data Protection Act 1998 – this legislation aims to make sure that when personal information is shared, this happens in a fair and transparent manner. It provides a legal framework for good practice in handling personal information and should not be seen as prohibitive of the sharing of all personal data.
  • Guidance and advice from the Information Commissioner’s Office – this is the UK’s independent public body set up to promote access to official information and protect personal information. The new ‘Framework code of practice for sharing personal information’ from the Information Commissioner’s Office will be available on their website in October 2007.

† The Section 115 responsible authorities are: police, police authority, local authority (including district, county, London borough, parish council, community council, county borough council), registered social landlord, local probation board, local health board (in Wales), primary care trust, strategic health authority, fire and rescue authority.

Wales

In Wales, the process should also be compliant with the Wales Accord on the Sharing of Patient Information (WASPI) – this is intended to enable service-providing and other organisations directly concerned with the well being of an individual to share information between them in a lawful and intelligent way.