Information Sharing: Questions and Answers
Information Sharing FAQ
Q1: Does the Crime and Disorder Act 1998, allow me to share information?
A1: The purpose of Section 115 of the Crime and Disorder Act 1998, is to give an enabling power of disclosure for persons to disclose information to a relevant authority, or to a person acting on behalf of such an authority, where such a power does not already exist. The process applies to cases where the disclosure is necessary or expedient for the purposes of any provision of the Act. The Crime and Disorder Act provides the lawful authority for disclosure but a decision to exchange information must also take account of statutory and common law constraints on disclosure, including data protection, human rights and the law of confidence.
Q2: Are Registered Social Landlords (RSL's) allowed to exchange information both ways with the police and other bodies, under the Crime & Disorder Act?
A2: RSL's (and others) are allowed to disclose information to a relevant authority or to a person acting on behalf of that authority, under section 115 of the Crime and Disorder Act. It will only be appropriate for disclosure to be made to RSL's or others such as Parish Wardens, if they are acting on behalf of the relevant authority for the purpose of the provisions of the Act and the disclosure is necessary or expedient for the purposes of any provision of the Act. This means in their capacity as persons selected by the relevant authority to formulate or implement the crime and disorder strategy, not simply in their capacity as private individuals or landlords.
Q3: How are we supposed to get other organisations to give us their information?
A3: The Crime and Disorder Act 1998, promotes as never before partnership working at local level to reduce crime. Section 115 now puts beyond doubt the power of any person to disclose information, where required for any legitimate activity under the Act to the police, local authorities, probation committees, and health authorities. The reduction of crime should be a common goal. Section 17 in the Act, can be used to direct minds and encourage a change of culture in mainstreaming crime reduction.
Q4: The data protection regime makes it difficult to get the information we need. Isn’t it incompatible with the widespread use of data sharing?
A4: The Data Protection Act 1998, should not normally prevent data sharing. The data protection regime is in place to ensure that data held about individuals is treated properly; and complying with the data protection principles, can strengthen the data exchange process.
Q5: Why do we need to set up protocols? Can’t they hamper data exchange, especially when we need a number in place for all the organisations we share data with?
A5: Protocols are important to ensure that all those participating in data sharing arrangements are clear as to their responsibilities and liabilities. Protocols also serve to promote trust between partner organisations and the public. It is not necessary to have a separate protocol for each area of work- you can have a joint protocol that deals with all circumstances where information is exchanged. But you must ensure the protocol remains fit for its purposes. We will be putting a template protocol on the crime reduction website to help those setting up new protocols and revising current ones.
Q6: Are local authorities and other partnership bodies able to share information with the Crown Prosecution Service (CPS)?
A6: Local Authorities and other named bodies will be able to share information as the CPS will always benefit from Section 29 of the Data Protection Act 1998, as indeed will the original applicants for information disclosure with the CPS relating to prosecutions, is concerned. This section provides a broad exemption to many of the provisions of the Data Protection Act 1998, if data is being processed or exchanged for (among other reasons) the prosecution of an offence. Schedules 2 and 3 of the Data Protection Act 1998 do need to be complied with but this will not be an issue; all bodies will be able to rely on paragraph 5 of schedule 2 and paragraph 7 of schedule 3 (processing necessary for the administration of justice, or for exercise of any function conferred under any enactment, or for the exercise of any function of the Crown or government department).
Last update: 4/12/03