(4) THAMES VALLEY POLICE of Oxford Road, Kidlington, OX5 2NX ("Police Force"),
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1 DATE OF INFORMATION SHARING AGREEMENT JULY 2015 PARTIES (1) LIVE NATION (MUSIC) UK LIMITED (Company Number ) whose registered office is at 2 nd Floor, Regent Arcade House, Argyll Street, London, W1F 7TS ("Live Nation"); and (4) THAMES VALLEY POLICE of Oxford Road, Kidlington, OX5 2NX ("Police Force"), INTRODUCTION each a Party and together Parties. A B The Parties have agreed to share certain information for the purpose of ensuring security and crowd safety at events held by Live Nation at the MK Bowl and in the surrounding area, and to enable appropriate action to be taken in respect of crime and antisocial behaviour. The Parties agree that the sharing of Relevant Information under the terms of this Agreement for the purposes of reducing crime and disorder and to protect life and property will benefit both event attendees and the local community. IT IS AGREED THAT: 1 DEFINITIONS In this Agreement, unless the context requires otherwise, the following words and phrases shall have the following meanings: Agreement means these terms and the schedules hereto; Data Controller means data controller as defined in the DPA; Data Subject means data subject as defined in the DPA; DPA means the Data Protection Act 1998; FOIA means the Freedom of Information Act 2000; Personal Data means personal data as defined in the DPA; Public Authority means any public authority named in Schedule 1 of the FOIA. Relevant Information means any information falling within one or more of the categories detailed in Schedule 1 ( Types of Information to be shared ); In this Agreement, unless the context requires otherwise: 1.1 any reference to a Clause, Schedule or Part is to the relevant Clause, Schedule or Part to this Agreement; 1.2 clause headings are for convenience only and shall not affect the interpretation of this Agreement; 1.3 words denoting the singular include the plural and vice versa, words denoting any gender include all genders and any reference to "persons" includes companies and all other legal entities; and 1 P a g e
2 1.4 any reference to a statute, statutory provision, subordinate legislation or code of practice shall be construed as referring to that statute, statutory provision, sub-ordinate legislation or code of practice as amended, modified or re-enacted from time to time. 2 PURPOSE AND BASIS FOR SHARING AND INFORMATION TO BE SHARED 2.1 Only Relevant and proportional Information will be shared by the Parties under this Agreement. 2.2 All information shared by the parties pursuant to this Agreement is shared voluntarily. 2.3 Any disclosure of Relevant Information by the Parties will be considered on a case-by-case basis and will only be shared if, subject also to the provisions of Clause 2.4, its disclosure is believed by the relevant Party to be necessary and proportionate and in support of: a) protecting life and property; b) preserving order; c) preventing the commission of offences; d) bringing offenders to justice; and/or e) any other duty or responsibility arising under common law or statute the Purpose(s). 2.4 In respect of sharing Relevant Information under this Agreement, the Parties shall at all times act in compliance with the applicable statutory frameworks, including in particular those under: (A) The Human Rights Act 1998; (B) Section 115 of the Crime and Disorder Act 1998; (C) (D) The DPA; and The Police Force s common law power of disclosure in the public interest. 2.5 The Parties may also legitimately share Relevant Information where the Data Subject has given their express and informed consent to the sharing of their Personal Data. 3 PROCEDURES FOR SHARING RELEVANT INFORMATION 3.1 Each Party shall appoint a Nominated Party Representative ( NPR ) who will have responsibility for overseeing the sharing of Relevant Information and compliance with the terms of this Agreement. 3.2 Requests for Relevant Information shall be made to the Parties NPR, where possible, by completing the disclosure request form in Schedule 2. The Parties NPRs shall be responsible for maintaining an incident log, along with all other records required to be kept under the terms of this Agreement. 3.3 The Parties each agree: (a) to share Relevant Information using the most appropriate means of communication taking into consideration the nature of the information, the urgency, and other relevant circumstances at the time the sharing is to occur; Thames Valley Police will only electronically transfer sensitive personal data or RESTRICTED category data where a secure encrypted facility exists and in these cases the information will not be above the RESTRICTED marking, as defined in the Government Protective Marking Scheme (GPMS). The use of fax to transfer police 2 P a g e
3 information may only be used in cases of operational emergency and with the appropriate security measures. (b) (c) to ensure that appropriate technical and organisational security measures are in place to protect the Relevant Information from unauthorised access, disclosure, loss, degradation or corruption; Thames Valley Police may, by arrangement, undertake a physical review of the security in place to ensure the confidentiality, integrity, availability and non-repudiation of the Force information being stored under this Agreement. The force may also wish to request a copy of Live Nation s information security policy (where it exists) when sensitive personal data is to be shared. to notify the Parties as soon as practicable where a Party discovers that there has been a breach of this Agreement resulting in unauthorised access, disclosure loss, degradation and corruption of the Relevant Information. 3.4 Before sharing, information must be accurate and adequate to the best of the Parties knowledge. Where a receiving Party discovers information to be inaccurate it will, as soon as is reasonably practicable, notify the disclosing Party. The disclosing Party shall be responsible for correcting the information and shall notify all other Parties in receipt of said information. 4 ACCESS AND INDIVIDUALS RIGHTS 4.1 The Parties are each separate and distinct Data Controllers for the purposes of the DPA. A Party receiving an access request pursuant to section 7 DPA shall be responsible for responding to that request. The receiving Party may contact any of the other Parties to seek their views on whether any statutory exemption may apply. The final decision as to whether to apply an exemption shall rest with the receiving Party. 4.2 If a Party to this Agreement is a Public Authority and it receives a request for information under FOIA for a copy of any part of this Agreement it shall (i) notify the other Parties of the request as soon as reasonably practicable and (ii) seek the other Parties view on disclosing the information requested The final decision as to whether to disclose the information requested shall lie with the Public Authority that received the request. 4.3 If a Party to this Agreement is a Public Authority and it receives a request for information under FOIA for Relevant Information shared by another Party under this Agreement, it shall (i) notify the disclosing Party of the request as soon as reasonably practicable and (ii) seek the disclosing Party s view on disclosing the information in response to the request. The final decision on whether to disclose the information requested shall lie with the Public Authority that received the request. 4.4 If a Party receives a query or complaint from a Data Subject in relation to the Relevant Information shared by another Party under this Agreement, it will notify the disclosing Party as soon as reasonably practicable to determine the best course of action to take. The final decision shall rest with the receiving Party. 5 INFORMATION GOVERNANCE AND CONFIDENTIALITY 5.1 NPRs shall have final responsibility for making decisions regarding the sharing of Relevant Information and for overseeing which personnel have access to information received from other Parties. NPRs shall ensure that all such personnel are appropriately trained in the proper handling of Personal Data and access to such information shall be granted on a need to know basis. 5.2 The Parties agree that all information shared under this Agreement is strictly confidential. Save for in circumstances falling under Clause 5.3, the Parties hereby undertake not to disclose to any third party information received pursuant to this agreement without first consulting the Party which provided such information. 3 P a g e
4 5.3 The Parties acknowledge that certain exceptions to the general duty of confidentiality under clause 5.2 exist, such as, for example, disclosure under a statutory obligation. Where a Party identifies a need for further disclosure it shall notify the Party from whom it received the information. 5.4 The Parties recognise that the Police Force is under an obligation to comply with the Government Protective Marking Scheme ( GPMS ) and, where implemented, the Government Security Classification Scheme ( GSC ). All information classified under either the GPMS or GSC shall be clearly marked to ensure the correct security safeguards are applied to the handling of that information. 6. RETENTION AND DELETION OF RELEVANT INFORMATION 6.1. Relevant Information shared under this Agreement shall be retained by the receiving Party until it is no longer relevant to, or necessary for, the Purposes of this Agreement at which point it shall be securely destroyed. 7. REVIEW AND TERMINATION 7.1. The Agreement shall be reviewed by all Parties NPRs annually. The review shall include whether the Agreement is achieving the Purposes and whether any amendments need to be made Any Party may terminate its involvement in the Agreement at any time with immediate effect. 8. LIMITATION OF LIABILTY 8.1. Nothing in this Agreement shall limit or exclude any Parties liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence Subject to the above, no Party shall under any circumstances be liable to any other Party whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss or profit or any direct, indirect or consequential loss arising under or in connection with this Agreement. Parties to this Agreement acknowledge that the wrongful disclosure of personal data by a person (obtained under this agreement) to other organisations or persons may amount to a criminal offence under section 55 of the Data Protection Act This Agreement has been written to ensure compliance with the data protection principles and failure to abide by this agreement may lead to an organisation acting in breach of that act and thereby be subject to a penalty levied by the Office of the Information Commissioner or other litigation, and the suspension or termination of this agreement. Signatories to this Agreement agree to provide the Office of the Information Commissioner with all necessary assistance in identification of the source of any breach. By signing this agreement, all signatories accept responsibility for its execution and agree to ensure that staff are trained so that requests for information and the process of sharing itself are sufficient to meet the purpose of this agreement. The Parties signing this agreement accept that the procedures laid down in this document provide a secure framework for the sharing of information between Parties in a manner compliant with their statutory and professional responsibilities. 4 P a g e
5 IN WITNESS of which the Parties have signed this Agreement on the date set out above. SIGNED by... Name: Title: For and on behalf of Thames Valley Police SIGNED by... Name: Title: For and on behalf of LiveNation 5 P a g e
6 SCHEDULE 1: TYPES OF INFORMATION TO BE SHARED 1. Information which the Police Force may share with Live Nation is: 1.1. information including photos, images and CCTV footage, relating to problems, known or suspected individuals who have committed offences at previous or other events and assessments of risk; any physical copies of information shared must not be placed on display in any area where the public may have access and should be restricted to only those with a need to know. As soon as the need for the information to be in circulation is complete, all physical copies must either be handed back to Thames Valley Police or destroyed securely intelligence from the Police Force operation present at an event, including but not limited to: a) stop checks, b) community information and impact, c) arrests, d) potential or actual fence breaches, e) traffic and pedestrian volume and patterns, and f) details of non-ticket holders; 1.3. information specific to an event location, including but not limited to: a) reported crime and incidents, b) the use and/or dealing of drugs, and/or the effects thereof discovered off site, c) photos, images and CCTV footage 1.4. results of security checks on security staff, 1.5. intelligence relating to specific individuals, including but not limited to details of Anti-Social Behaviour Orders relating to the individual and any bail conditions attached to that order, that pose a threat to an event; 1.6. copies of statements made to police by third parties where written permission has been provided by the person making the statement for it to be disclosed for use in civil or criminal proceedings; and 1.7. any other information that the Police Force reasonably believe will pose a threat to an event. 2. Information which Live Nation may share with the Police Force is: 2.1. information regarding Incidents Requiring Immediate Police Response, which, for the purposes of this Paragraph 2, shall mean incidents where the call/contact handler considers that one of more of the following is likely to occur: a) danger to life; b) use, or immediate threat of violence; c) serious injury to a person; and/or d) serious damage to property information regarding persons ejected/refused entry or banned from events if relevant, including but not limited to information such as names, known address, date of birth etc; 2.3. information regarding drug use, drug dealing, and/or effects of drug use discovered at event location; 2.4. evidence, including complaints relating to criminal or anti-social behaviour that are/were committed at events if relevant; and 2.5. any other information Live Nation reasonably believe will help achieve the Purposes of this Agreement. 6 P a g e
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