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Information Sharing
Frequently Asked Questions - FAQs
Agreement, Policy and Procedures
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The FAQs below relate to the company’s agreement, policy and procedures on information sharing and data protection. Many of the FAQs have been raised by staff when working with young people and the answers are based upon current law and government guidance.
Please remember:
Many situations faced by young people will be complex, staff will need to weigh up the different factors and take professional decisions. In all of these decisions the welfare of the young person should be the key consideration.
What is an information sharing agreement and why does the company have one?
Where does The Data Protection Act 1998 relate to information sharing?
What information can I share or cannot share?
If the correct permissions are in place, can I share information?
Are there any exceptions to the information sharing policy?
I have followed the policy and procedures and shared the information, do I need to do anything more?
Q: What is an information sharing agreement and why does the company have one?
A: An information agreement helps to ensure that all those who participate in information sharing arrangements are clear as to their own responsibilities and liabilities. The company’s information sharing agreement serves to promote trust between partner organisations and it clarifies what, how and when information will be shared with them.
Q: Where does The Data Protection Act 1998 relate to information sharing?
A: The Data Protection Act 1998 is in place to ensure that information about individuals is processed fairly, is obtained only for lawful purposes, is held securely, is accurate, is kept for the correct purposes and is not transferred or shared without agreement.
The Act relates to information sharing through eight data protection principles and conditions relevant for the purposes of processing personal or sensitive data known as Schedules.A: Sharing information with other agencies creates better outcomes for young people including for example helping to protect their welfare, making sure that they are not being hurt or to help in connecting them to the right services. Sharing information also helps the different agencies develop a shared understanding of each others work.
Q: What information can I share or cannot share?
A:Firstly, and if you are intending to share any information about a young person with another colleague or with another agency, you will need to have had the permission of the young person first. If the information you are intending to share is personal information then the young person should have completed a Confidentiality Agreement
If the information you intending to share is personal sensitive information then in addition to the young person completing a Confidentiality Agreement they should also have given the company (you) their written consent for the release of that extra information you want to share – this written consent is often referred to in law as explicit consent.
There is no definitive list of what you can or cannot share but by way of a definition it is best to assume that all information about a living, identifiable individual is personal data.
Personal sensitive information is data more detailed than personal information and would likely be needed to provide more comprehensive support to a young person.
Q: If the correct permissions are in place, can I share information?
A: Not immediately, because as well as a young person’s permission - consent, you will also have to consider something else related to the actual information being shared, and that is; will the information being shared identify that young person?
If the answer is no (and the Confidentiality Agreement has been signed) you can go ahead and share the information.
If the answer is yes, or in other words by sharing the information it will identify the young person, you must not share that information until you have the young person’s explicit consent.
As well as explicit consent you must be assured that you are only sharing as much information as is necessary; that the information is being given to a known colleague or the right person in an agency; and if the young person did not already know, you have since advised them of what information is being shared and also have confirmed to them that by sharing the information, they, the young person, will not be put at risk.
Q: Are there any exceptions to this information sharing policy?
A: Yes, but only one. This is when you, on behalf of the company, are known to be complying with a legal duty to share information such as for example a Court Order or to prevent a crime.
Q: I have followed the policy and procedures and shared the information, do I need to do anything more?
A: Yes, all of the information that was shared and the reasons for sharing must now be recorded in writing with a further note to say with whom it was shared (name, job title & contact details).
Page updated: Saturday, March 15, 2008 6:12 PM
