Powers to share

The Data Protection Act 1998 provides organisations with several powers, known as ‘conditions’, enabling them to share information lawfully. Here are some examples:

  • if the sharing is for a legitimate purpose and does not cause the person unwarranted prejudice
  • if the sharing is necessary to protect someone’s life or protect them from harm
  • if the sharing is necessary to assist in the prevention or detection of an unlawful act
  • if the sharing is necessary for the Council or another organisation to undertake its official duties and is in the public interest
  • if you have the person’s consent.

You do not always need consent to share information.

However, where it is appropriate you should seek the views of the person before sharing and try to obtain their consent where it is reasonable to do so.

There is no single source of law that regulates the powers that a public body has to use and share personal information.

The collection, use and sharing of personal information is governed by a number of different areas of legislation relevant to sharing personal information.

More information about how Devon County Council manages Data Protection obligations.