Data Sharing: Legal Guidance for the Public Sector

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Data Sharing: Legal Guidance for the Public Sector

DATA SHARING: LEGAL GUIDANCE FOR THE SCOTTISH PUBLIC SECTOR

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Contents

MINISTERIAL FOREWORD
SECTION 1: INTRODUCTION
SECTION 2: OVERVIEW OF EXISTING LEGAL FRAMEWORK
SECTION 3: ADMINISTRATIVE POWERS
SECTION 4: THE HUMAN RIGHTS ACT 1998 AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS
SECTION 5: COMMON LAW AND STATUTORY OBLIGATIONS OF CONFIDENCE
SECTION 6: KEY ELEMENTS OF THE DATA PROTECTION ACT 1998 RELEVANT TO DATA-SHARING
SECTION 7: ANY OTHER ISSUES
SECTION 8: CONCLUSIONS
APPENDIX 1: IS DATA SHARING INTRA VIRES?
APPENDIX 2: CONSIDERATIONS FOR LAWFUL SHARING OF PERSONAL DATA
APPENDIX 3: CHECKLIST OF RELEVANT LEGAL CONSIDERATIONS RELATING TO DATA SHARING PARTNERSHIPS
APPENDIX 4: THE DATA PROTECTION PRINCIPLES
APPENDIX 5: CONDITIONS IN SCHEDULES 2 & 3