To make sure the information you share is safe, secure and adheres to data protection law, there are a number of rules you should follow:
- Data Protection Act – remember that the Data Protection Act is not a barrier to sharing information, it provides a framework to ensure that personal information about living people is shared appropriately.
- Be open and honest – it is important that you are open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and who the information will, or could be shared with. Also seek their agreement, unless it is unsafe or inappropriate to do so.
- Seek advice – if you are in any doubt, seek advice without disclosing the identity of the person where possible.
- Share with consent – where appropriate, share with consent and where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest. You will need to base your judgement on the facts of the case.
- Consider safety and well-being – when arriving at your information sharing decisions, base them on considerations of the safety and well-being of the person and the other who may be affected by their actions.
- Necessary, proportionate, relevant, accurate, timely and secure – ensure that the information you share is necessary for the purpose for which you are sharing it, is shared only with those people who need to have it, is accurate and up-to-date, is shared in a timely fashion, and is shared securely.
- Record your decisions – keep a record of your decisions and your 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.