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Guidelines to the Data Protection Act 1998

Consent

Explicit or Express Consent

This means articulated agreement. The terms are interchangeable, and relate to a clear and voluntary indication of preference or choice, usually given verbally or in writing, and freely given in circumstances where the available options and consequences have been made clear.

Implied Consent

This means agreement that has been signalled by the behaviour of an informed data subject.

Data Protection Act - Sensitive Data

Sensitive data is any personal data that includes information on:

1.     Racial or ethnic origin.
2.     Political opinions, religious or similar beliefs.
3.     Trade union membership.
4.     Physical or mental health.
5.     Sexual life.
6.     The (alleged) or offence of committing of any offence, subsequent proceedings or sentence.

Sensitive personal data must not be processed unless at least one of the following conditions is also met:

1.    The individual has given their explicit consent.
2.    Processing is necessary to comply with employers' legal duties (e.g. personnel and employment issues).
3.     Processing is necessary to protect the vital interests of the data subject or another person.
4.     Processing is carried out by certain non-profit bodies in the course of legitimate activities.
5.     The information has been made public deliberately by the data subject.
6.     The information is required for legal proceedings and for exercising or defending legal rights.
7.     The information is required for the administration of justice or exercising other Crown and/or Government functions.
8.     The information will be used for medical purposes and is undertaken by a health professional, or someone with an equivalent duty of confidentiality.
9.     The information will be used for equal opportunities monitoring.

Data Protection Act - Six Conditions

At least one of the following conditions must be met for personal information to be considered fairly processed:

1.     The individual has consented to the processing.
2.     Processing is necessary for the performance of a contract with the individual.
3.     Processing is necessary for compliance with the Organisation's legal obligations.
4.      Processing is necessary to protect the vital interests of the individual (i.e. life & death matters only).
5.     Processing is necessary to carry out public functions, e.g. for the administration of justice.
6.     Processing is necessary in order to pursue the legitimate interests of the Organisation or certain third parties (unless this could unjustifiably prejudice the interests of the individual).

Person-Identifiable Information

Examples of identifiable information include:

•     the Data Subjects name, address, full post-code, date of birth
•     pictures, photographs, videos, audio-tapes or other images of the data subject
•     anything else that may be used to identify a data subject directly or indirectly. For example, third party information, family, siblings details etc.
•     Information that identifies individuals personally is assumed to be confidential, and should not be used unless absolutely necessary. Whenever possible, anonymised information - from which personal details have been removed and which therefore cannot identify the individual - should be used instead.

Application to an Organisation by an Individual such as Quarriers.

•     The person should make a formal application in writing.
•     The person should provide the required ID at the point of the application.
•     The person should receive an acknowledgement from a representative of the Quarriers Organisation of their application for the data.
•     The person applying formally in writing for their Confidential Children's File should receive their FILE from Quarriers within the 40 days as enshrined in Law by the 1998 Data Protection Act.

All organisations have a duty to inform you if you have to pay for DATA at the point of the formal application. In some cases you may offer to pay at the point of your formal application to save delay.

This information is provided by FBGA to assist and support you during your application to Quarriers for your Confidential Children's File and during the process of outsourcing by the Organisation of the Confidential Children's Files.

Please note in the Files may be Sensitive and Confidential DATA about you and your family and other third parties. Do you wish this shared, passed, uploaded without your explicit consent or permission? Are you aware fully of your RIGHTS!

Website address for the Information Commissioner.

http://www.ico.gov.uk/

FBGA

 
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