NOT PROTECTIVELY MARKED. Setting up an Information Sharing Agreement

Transcription

1 PD 056 Type of Document: Setting up an Information Sharing Agreement PROCEDURE Version: 1.3 Registered Owner: Author: Director of Information Force Information Effective Date: 12 th June 2008 Review Date: 12 th June 2010 Replaces document (if applicable) V1.2 Linked Documents: PS 082 Information Sharing Policy G 958 Generic Information Sharing Protocol Template G 959 Generic Information Sharing Protocol for Non-statutory Partners G 960 Information Sharing Process Documentation Functional owner Signed: Date: June 2008 Name: Post: Glen Langford Force Information Authorised (Head of Dept/FEG) Signed: Date: June 2008 Name: Post: Martin Hansen Director of Information June 2008 Page 1 of 5

2 Table of Contents SECTION 1 VERSION CONTROL... 3 SECTION 2 BACKGROUND... 3 SECTION 3 AIMS / OBJECTIVES... 3 SECTION 4 DETAILS... 4 Stage 1 Agreement to Generic Information Sharing Protocol... 4 Stage 2 Negotiation of the Functional and Physical Exchange of Data... 4 SECTION 5 LEGISLATIVE COMPLIANCE... 5 June 2008 Page 2 of 5

3 SECTION 1 VERSION CONTROL Version No. Date Post Holder/Author Post Reason for Issue 1.0 Acceptance 1.1 9/11/06 Glen Langford Force Information Review /1/08 Glen Langford Force Information Change of departmental name /6/08 Glen Langford Force Information Refer to new templates on LAN SECTION 2 BACKGROUND The purpose of an Information Sharing Agreement is to provide a platform for the lawful exchange of information in accordance with the provisions of current legislation. The Manual of Police Information requires that information shared is in accordance with a legal power (such as section 115 of the Crime and Disorder Act 1998), or that it meets one of the policing purposes set out in the MOPI code. These purposes being: Protecting life and property Preserving order; Preventing the commissioning of offences; Bringing offenders to justice; and Any duty or responsibility of the police arising from common or statue law. SECTION 3 AIMS / OBJECTIVES The aim of this document is to ensure that when sharing agreements are set up with relevant partners they: Are consistent across all partners Allow the police to place conditions on the way information will be handled by the partner agency Ensure that information can be shared lawfully Can help to build confidence in the role that the Police play in protecting the public. June 2008 Page 3 of 5

4 SECTION 4 DETAILS This procedure is designed to remove the need to produce extensive documentation every time an exchange is being developed between the Nottinghamshire Police and a partner agency. This document will therefore be the platform for information exchange between both parties. The Information Sharing Protocol will be established in 2 stages: 1. Agreement to the Nottinghamshire Police Generic Information Sharing Protocol 2. Negotiation of appendices to this agreement to cover all functional and physical exchange of data. Stage 1 Agreement to Generic Information Sharing Protocol The first stage in setting up a specific exchange of information will usually be a meeting between the partners, which should include the designated representatives of the agencies involved. During, or shortly after the meeting, the legislative requirements, in consultation with Information Management, will be considered and if the requirements are met then an agreement to exchange information, in principle, is established. At this point, a Generic Information Sharing Protocol is drawn up using the appropriate template (see below) and is handed over to the agency partner for agreement and signature. For statutory bodies, as defined by Section 115 Crime and Disorder Act 1998, please use G 958 on the LAN under Local Templates. For all other parties/organisations, please use G 959, also on the LAN under Local Templates An original signed copy of the high level protocol is to be retained by both parties. Stage 2 Negotiation of the Functional and Physical Exchange of Data A Process Document is negotiated between both parties for each functional operation, and drawn up using the G 960 template available on the LAN under Local Templates. This document provides further details including the names of those individuals, identified as Designated Officers who are responsible for the information and details of the agency staff that may process the information. The Process Document will also provide information relating to legislative and information security provisions. June 2008 Page 4 of 5

5 Clearly, it is recognised that some information provided for the purposes of, for example Crime Mapping, is effectively on loan whilst other information is an actual disclosure for which other legislative provisions apply. This document(s) is to be endorsed by Information Management before signature. It is the responsibility of the negotiator to ensure that the high level protocol has been signed prior to any further agreement. The negotiator is also to ensure that the relevant Police department responsible for administrating the exchange has the resource and capacity to fulfil the agreement. Depending upon the nature of the data being exchanged a determination will be made in relation to the security risk for which a questionnaire will be despatched to the agency, or arrangements made for a physical risk assessment. Once the Nottinghamshire Police are satisfied with the information provided by the agency then the two copies of the document(s) will be signed by a person with delegated responsibility. These will be passed to the partner agency for signature and one, duly signed, sent to Information Management for registration and publication. The original Process Document will be retained by Information Management, which will also form an appendix to the Information Exchange Protocol. Commencement of the Information Exchange can begin once all mechanisms are in place and both parties have signed the Process Documentation. SECTION 5 LEGISLATIVE COMPLIANCE This document has been drafted to comply with the general and specific duties in the Race Relations (Amendment) Act 2000, Data Protection, Freedom of Information Act, European Convention of Human Rights and other legislation relevant to the area of policing such as, Employment Act 2002, Disability Discrimination Act 1995, Sex Discrimination Act 1975 and Employment Relations Act June 2008 Page 5 of 5