Model Protocol introduction section
Model Protocol
INTRODUCTION SECTION
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Purpose: The purpose of this Protocol is to facilitate the exchange of information pursuant to the power contained in Section 115 of the Crime and Disorder Act 1998. Where certain conditions are satisfied, Section 115 enables any person to disclose information for the purposes of any provision of the Crime and Disorder Act 1998 to a relevant authority [see glossary], or to a person acting on behalf of such an authority.
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Relevant provisions of the Crime and Disorder Act 1998, include;
[insert as many provisions as on list in appendix].
List of relevant provisions
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The Crime & Disorder Act 1998 is the primary legislative tool, common to all crime reduction Protocols. It does not override existing legal safeguards on personal information. [See appendix for descriptions of relevant sections from all legislation, including below].
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By signing this protocol, we declare our commitment to the procedures it sets out. The manner in which information can be exchanged takes into account the following legislation:
a) The Data Protection Act 1998, for the processing of personal information
b) The Human Rights Act 1998, for the rights of the individual’s privacy
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The following legislation will also be relevant to us. [Please select those that will need to be added to your Protocol]:
a) Common Law Duty of Confidence [social services, medical profession patient confidentiality, police]
b) The Freedom of Information Act 2000
c) The Housing Act 1996 [for RSLs]
d) The Mental Health Act 1983 [for health sector]
e) Health & Social Care Act 2001 [for health/social services]
f) Education Act 1996
g) Children Act 1989
h) NHS and Community Care Act 1990
i) Sex Offenders Act 1997
j) Please see appendix for other relevant Legislation. [eg section 37 & 39 of CDA, for YJS]
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The scope of this Protocol is to clarify as far as is possible, under which circumstances information can be exchanged. The intention is that a single, joint approach to exchanging information, is a highly efficient mechanism for reducing crime and disorder.
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It is the purpose of this Protocol, to clarify the understanding between [insert names of parties], on each party’s responsibilities and duties towards each-other. We are fully aware of the process for information exchange and will comply with all legal requirements.
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All technical terms and abbreviations, are defined in the extensive Glossary section. Descriptions of all relevant legislation and other material, are set-out in detail in the Appendix.
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[Where possible,] This Protocol should be published and made available to the general public, for clarity of purpose.
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This Protocol is due to be next reviewed on [insert date], and any comments should be sent to [insert name of PDO and address.]
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Any partner may withdraw from this Protocol upon giving written notice to the other signatories. Data which is no longer relevant should be destroyed or returned. The partner must continue to comply with the terms of this Protocol in respect of any data that the partner has obtained through being a signatory.
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[“Health Warning”] - We agree no exchange of information especially personal information, should take place until each and every party to the exchange has signed up to this Protocol.
Date modified: July 2003
Review date: February 2004
Originator: Home Office Information Sharing Te
Last update: