Information sharing: the legal framework Dr Caroline Ball Chair, Norfolk Safeguarding Children Board

Confidence about sharing information requires: Confident familiarity with the principles underpinning the law relating to confidentiality Elimination of confusion regarding data protection law Adherence to the 7 Golden Rules for information sharing

Sources of the legal duty to preserve confidentiality (1) (i)Human Rights Act 1998 –Article 8(i) ECHR: everyone has the right to respect for private and family life, home and correspondence, –Unless an exception in Art.8(ii) applies which must be –in accordance with the law; –and –necessary in a democratic society in the interests of national security, public safety or the economic well- being of the country, for the prevention of crime or disorder, protection of health and morals or for the protection of rights and freedoms of others. The question: would sharing be in accordance with Art8(2) and PROPORTIONATE

Sources of the legal duty to preserve confidentiality (2) (ii) Common Law and Equity –legal principles established over the years to achieve fair outcomes

The equitable principle Lord Goff in A-G v Guardian Newspapers Ltd [1990] 1 AC 109, “a duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others”

Exceptions to the legal duty Consent Public interest –Danger to health and safety of others X v Y and Others [1988] and W v Egdell [1990] –The prevention or detection of serious crime

7 Golden Rules for Information Sharing (1) 1.The Data Protection Act 1998 is not a barrier to sharing information 2.Be open and honest 3.Seek advice 4.Share with consent where appropriate 5.Consider safety and well-being

7 Golden Rules for Information Sharing (2) 6.Ensure that the information shared is: Necessary Proportionate Relevant Accurate Timely, and Secure 7.Keep a record

Accessing information about information sharing NSCB Protocols on information sharing (8, 24, 28 and 32) Information Sharing: Guidance for practitioners and managers, DCSF, 2009 * –the seven golden rules*, and –an accompanying flow chart *access on the the NSCB website – bottom of the Publications and Links page The end