Sharing personal information effectively with partners means both providing them with personal data about council clients and employees and obtaining personal data about individuals from them. Guidance is provided below for each scenario.
Providing personal information to third parties
If you are asked to provide personal information to the Police for the purposes of preventing or detecting crime, apprehending or prosecuting offenders you should ask for the request to be put in writing using their Form 277 Data Requisition Form and forwarded to the Information Governance Team
Trading Standards are responsible for dealing with all such requests from the Police in respect of their own investigations.
Personal information can be disclosed to the police or another relevant organisation, provided the information requested is for the purposes of preventing or detecting crime, apprehending or prosecuting offenders or assessing or collecting any tax or duty.
We have the power to disclose personal data for any of these purposes, under Section 29(3) of the Data Protection Act 1998, provided the information requested is specifically for those purposes and not releasing the information would be likely to prejudice (that is significantly harm) any attempt to prevent crime or catch a suspect.
If you have any queries regarding a request you have received to share information for the purposes of criminal investigations, please contact the Information Governance team by emailing the Access to Information – Mailbox or phone 01392 380100.
Obtaining personal information from third parties
If you experience an obstacle when trying to get information from a third party to help you do your job you have the following options:
Explain to the third party precisely what information you require and why
State any powers to share that may enable the sharing to take place
Outline the effects of not sharing the information including detriment to the parties concerned
Ask to escalate any blockages to the Senior Management of the third party
Refer the matter to your line manager
- Seek advice from the Council’s Legal Services Team or contact the Information Governance Team.
When you request personal information from another organisation you must ensure that you provide sufficient information to enable the disclosing organisation to:
identify you as someone authorised to request such information
satisfy themselves that you/your organisation is legally entitled to receive the information.
When requesting information:
state your name, job title, department and organisation’s name
provide the service user’s name, date of birth and address
make it clear what information you are requesting disclosure of and why
confirm the legislation or the reason for the request, for example is the information:
necessary to apprehend or prosecute an offender
necessary to comply with a legal ruling or court order
necessary to prevent or detect a crime
necessary to protect the vital interests of an individual
required as part of a child protection enquiry
make sure any information you ask for is adequate and relevant for your purpose and not excessive
state if you have obtained consent from the individual for the release of their information to you and enclose a copy of that written consent
explain what the consequences of non disclosure could be (i.e risk of harm to an individual, non compliance with a legal order, unable to complete business critical tasks).