Model Protocol sensitive data
Model Protocol
SENSITIVE DATA SECTION
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We must always consider whether we are processing sensitive personal data, which is data that falls into the following categories:
a) racial or ethnic origin
b) sexual preference
c) physical or mental health
d) membership of a trade union
e) political or religious beliefs f) criminal offences and proceedings
We undertake that where we process the above sensitive data, we will need to satisfy a condition in schedule 2 and schedule 3 of the Data Protection Act 1998.
CONSENT: Where appropriate and possible, explicit consent should be obtained from the data subject for the disclosure to take place, in accordance with the Data Protection Act 1998. This consent must be freely given and obtained free from any form of duress, threat or fraud. [See glossary for definitions of consent.]
For our purposes, we may process sensitive information lawfully using section 115 of the Crime and Disorder Act 1998. However, we need to be aware of other legal obligations such as the common law duty of confidence.
If we must disclose sensitive data held under a duty of confidence, we will consider whether we can obtain the data subject’s consent. If we cannot, then we must consider the grounds on which we can over-ride the consent issue. We will still be able to disclose sensitive information if this is in the defined category of public interest.
PUBLIC INTEREST: We must decide after consent has been refused or withheld, if there is an over-riding public interest to justify the disclosure. We agree to consider the following:
a) Is the intended disclosure proportionate to the intended aim?
b) What is the vulnerability of those who are at risk?
c) What is the impact of disclosure likely to be on the offender?
d) Is there another equally effective means of achieving the same aim?
e) Is the disclosure necessary to prevent or detect crime and uphold the rights and freedoms of the public?
f) Is it necessary to disclose the information, to protect other vulnerable people?
Any disclosure of sensitive information by the partner, should be restricted to the minimum necessary to achieve the purpose.
Date modified: July 2003
Review date: February 2004
Originator: Home Office Information Sharing Te
Last update: