Practitioners and agencies must understand the following:
- when to share information;
- what information to share;
- how much information to share;
- who to share the information with; and
- the way in which the information should be shared.
Practitioners must also understand the possible adverse consequences of not sharing information.
Where possible, share information with consent, and where possible, respect the wishes of those who do not consent to having their information shared. Under GDPR and Data Protection Act 2018 you may share information without consent if:
- it is required by law; or directed by a court;
- the benefits to an adult that will arise from sharing the information outweigh both the public and the individual’s interest in keeping the information confidential.
You must weigh the harm will need to base your judgements on the facts of the case and when sharing or requesting personal information be clear of the basis upon which you are doing so. Where you do not have consent, be mindful that an individual might not expect information to be shared. Read the guide to the UK General Data Protection Regulation.
There will be many situations where it is necessary or desirable to share information with other practitioners and between agencies:
- where relevant and with the relevant people;
- limited to what is necessary, not simply all information held;
- is adequate and sufficient to properly fulfil your stated purpose for sharing; and
- where there is a specific need for the information to be shared at that time.
Legislation supports lawful information sharing and should not be seen as a barrier.
| The legislation underpinning informationg sharing includes: | |
|---|---|
| The General Data Protection Regulation (GDPR) | GDPR is a legal framework that sets out guidelines for the collection and processing (sharing) of personal data (information) of individuals within the European Union (EU) |
| GDPR describes the principles which must underpin information sharing practice and the bases (formerly known as conditions) upon which information can be shared. All practitioners must understand the principles and basis for sharing information. | |
| The Human Rights Act 1998 | |
| European Convention on Human Rights (ECHR) | |
| The Data Protection Act 2018 | |
You must keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose.
Practitioners should always refer to and comply with their own service / agency information sharing guidance and should always consider whether there is a legal requirement to seek consent to share information.