DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY Clause Samples

The DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY clause sets out the obligations of the parties regarding the handling of personal data, compliance with information requests, and the disclosure of information to the public. It typically requires parties to adhere to relevant data protection laws, such as GDPR, and to cooperate with any lawful requests for information under freedom of information legislation. This clause ensures that sensitive data is managed lawfully and transparently, balancing privacy rights with the need for public accountability and openness.
DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY. 17.1 The Parties must ensure that all Personal Data processed by or on behalf of them in the course of carrying out the Delegated Functions and Reserved Functions is processed in accordance with the relevant Party’s obligations under Data Protection Legislation and Data Guidance and the Parties must assist each other as necessary to enable each other to comply with these obligations. 17.2 The ICB must respond to any information governance breach in accordance with IG Guidance for Serious Incidents. If the ICB is required under Data Protection Legislation to notify the Information Commissioner’s Office or a Data Subject of an information governance breach then as soon as reasonably practical and in any event on or before the first such notification is made the ICB must fully inform NHS England of the information governance breach. This clause does not require the ICB to provide NHS England with information which identifies any individual affected by the information governance breach where doing so would breach Data Protection Legislation. 17.3 Whether or not a Party is a Data Controller or Data Processor will be determined in accordance with Data Protection Legislation and any Data Guidance from a Regulatory or Supervisory Body. The Parties acknowledge that a Party may act as both a Data Controller and a Data Processor. 17.4 Each Party acknowledges that the other is a public authority for the purposes of the Freedom of Information ▇▇▇ ▇▇▇▇ (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). 17.5 Each Party may be statutorily required to disclose further information about the Agreement and the Relevant Information in response to a specific request under FOIA or EIR, in which case: 17.5.1 each Party shall provide the other with all reasonable assistance and co- operation to enable them to comply with their obligations under FOIA or EIR; 17.5.2 each Party shall consult the other regarding the possible application of exemptions in relation to the information requested; and 17.5.3 subject only to clause 16 (Claims and Litigation), each Party acknowledges that the final decision as to the form or content of the response to any request is a matter for the Party to whom the request is addressed. 17.6 NHS England may, from time to time, issue a FOIA or EIR protocol or update a protocol previously issued relating to the dealing with and responding to of FOIA or EIR requests in relation to the Delegated Functions. The ICB shall comply with such FOIA o...
View SourceView Similar (21)
DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY. 19.1 Both Parties shall comply with their respective obligations in Annex 9 (Data Protection). 19.2 The Freedom of Information Act 2000 (“FOIA”) gives a general right of access to information held by a public authority. Subject to any exemptions applicable, the Recipient shall co-operate fully with MOPAC as reasonably requested by ▇▇▇▇▇ in respect of any request for information made to MOPAC in connection with this Grant Agreement pursuant to the FOIA. 19.3 The Recipient acknowledges and agrees that: 19.3.1 MOPAC is committed to openness and transparency and notwithstanding clause 18, the Recipient hereby gives its consent for MOPAC to publish the Agreement Information to the general public; and 19.3.2 MOPAC may in its absolute discretion redact all or part of the Agreement Information prior to its publication. In so doing and in its absolute discretion the Authority may take account of the exemptions/exceptions that would be available in relation to information requested under FOIA. The Authority may in its absolute discretion consult with the Recipient regarding any redactions to the Agreement Information to be published pursuant to this clause 19.3. The Authority shall make the final decision regarding publication and/or redaction of the Agreement Information. 19.4 For the avoidance of doubt in the event that the Authority consents to the Recipient’s disposal or cessation of use in the Project of any Capital Asset (pursuant to clause 9.5) the Recipient shall ensure all data collected used or in any way related to or connected with the Project is erased (so that it cannot be recovered there from) from the Capital Assets to which such consent relates.
View SourceView Similar (4)
DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY. The Parties acknowledge their respective duties under the DPA and the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties.
View Source
DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY. 27.1 The Parties acknowledge their respective duties under the DPA and the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. 27.2 The Provider shall achieve a minimum level 2 performance against all requirements in the relevant NHS information governance toolkit applicable to it. Where the Provider has not achieved level 2 performance by the Service Commencement Date, the Commissioner may, in its sole discretion, agree a plan with the Provider to enable the Provider to achieve level 2 performance within a reasonable time. 27.3 To the extent that the Provider is acting as a Data Processor on behalf of the Commissioner, the Provider shall, in particular, but without limitation: 27.3.1 only process such Personal Data as is necessary to perform its obligations under this Agreement, and only in accordance with any instruction given by the Commissioner under this Agreement; 27.3.2 put in place appropriate technical and organisational measures against any unauthorised or unlawful processing of such Personal Data, and against the accidental loss or destruction of or damage to such Personal Data having regard to the specific requirements in clause 27.4.3 below, the state of technical development and the level of harm that may be suffered by a Data Subject whose Personal Data is affected by such unauthorised or unlawful processing or by its loss, damage or destruction; 27.3.3 take reasonable steps to ensure the reliability of Staff who will have access to such Personal Data, and ensure that such Staff are aware of and trained in the policies and procedures identified in clauses 27.4.4, 27.4.5 and 27.4.6 below; and 27.3.4 not cause or allow such Personal Data to be transferred outside the European Economic Area without the prior consent of the Commissioner. 27.4 The Provider and the Commissioner shall ensure that Personal Data is safeguarded at all times in accordance with the Law, which shall include without limitation obligations to: 27.4.1 perform an annual information governance self-assessment using the NHS information governance toolkit; 27.4.2 have an information governance lead able to communicate with the Provider’s board, who will take the lead for information governance and from whom the Provider’s board shall receive regular reports on information governance matters, including but not limited to details of all incidents of data loss and breach of confidence; 27.4.3 (where transferred ele...
View Source

Related to DATA PROTECTION, FREEDOM OF INFORMATION AND TRANSPARENCY

  • Freedom of Information and Transparency 20.1 The Recipient acknowledges that the Commissioner is subject to the provisions of the FOIA and agrees to assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary to enable the Commissioner to comply with any requests received under the FOIA relating to this Agreement. This includes, but is not limited to, transferring to the Commissioner any request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt and in any event within three working days of receipt. 20.2 In no event shall the Recipient respond to a request under the FOIA relating to this Agreement without obtaining the prior written consent of the Commissioner. 20.3 The Recipient acknowledges that the Commissioner may be obliged to disclose information under the FOIA: 20.3.1 Without consulting the Recipient; or 20.3.2 Following consultation with the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shall, in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIA, take reasonable steps, to give the Recipient advanced notice or to draw the disclosure to the Recipient’s attention after any such disclosure. 20.4 The Recipient shall ensure it retains for disclosure all information (as defined in the FOIA) produced in the course of this Agreement or relating to this Agreement and shall allow the Commissioner to inspect such records from time to time upon request. 20.5 The Recipient acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified Information Order 2011 (as amended) (“Transparency Obligations”) 20.6 The Recipient consents to the Commissioner publishing the contents of this Agreement and information regarding any tender process related to the Purpose of the Agreement to enable the Commissioner to comply with their Transparency Obligations. 20.7 The Recipient acknowledges that: 20.7.1 The Commissioner shall be responsible for determining, at their absolute discretion, whether any information is exempt from disclosure or should be disclosed pursuant to the FOIA and/or the Transparency Obligations and to what extent any information disclosed shall be redacted; and 20.7.2 Any lists or schedules provided by the Recipient outlining confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

  • Transparency and Freedom of Information 15.1 The Contractor acknowledges that the Authority is subject to the requirements of FOISA and the Environmental Information Regulations. The Contractor shall: (a) provide all necessary assistance and cooperation as the Authority may reasonably request to enable the Authority to comply with its obligations under FOISA and Environmental Information Regulations; (b) transfer to the Authority all Requests for Information relating to this Agreement that the Contractor receives as soon as practicable and in any event within 2 Working Days of receipt; (c) provide the Authority with a copy of all information held on behalf of the Authority which is requested in a Request For Information and which is in the Contractor’s possession or control. The information must be provided within 5 Working Days (or such other period as the Authority may reasonably specify) in the form that the Authority requires. (d) not respond directly to a Request For Information addressed to the Authority unless authorised in writing to do so by the Authority. 15.2 If the Request for Information appears to be directed to information held by the Authority, the Contractor must promptly inform the applicant in writing that the Request for Information can be directed to the Authority. 15.3 If the Authority receives a Request for Information concerning the Framework Agreement, the Authority is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 15.4 The Contractor acknowledges that the Authority may, acting in accordance with the Authority’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Contractor or the Framework Agreement: 15.4.1 in certain circumstances without consulting the Contractor, or 15.4.2 following consultation with the Contractor and having taken its views into account.

  • Freedom of Information and Protection of Privacy Act Any information provided on this contract may be subject to release under the Freedom of Information and Protection of Privacy Act. The Contractor may be consulted prior to release of any information.

  • Freedom of Information Act or FoIA The Freedom of Information Act 2000 and any subordinate legislation made under the Act together with any guidance or codes of practice issued by the Information Commissioner or relevant government department in relation to the legislation. G-Cloud Services The cloud services described in Framework Agreement Section 2 (Services Offered) as defined by the Service Definition, the Supplier Terms and any related Application documentation, which the Supplier must make available to CCS and Buyers and those services which are deliverable by the Supplier under the Collaboration Agreement. GDPR General Data Protection Regulation (Regulation (EU) 2016/679) Good Industry Practice Standards, practices, methods and process conforming to the Law and the exercise of that degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar undertaking in the same or similar circumstances. Government Procurement Card The government’s preferred method of purchasing and payment for low value goods or services. Guarantee The guarantee described in Schedule 5. Guidance Any current UK government guidance on the Public Contracts Regulations 2015. In the event of a conflict between any current UK government guidance and the Crown Commercial Service guidance, current UK government guidance will take precedence. Implementation Plan The plan with an outline of processes (including data standards for migration), costs (for example) of implementing the services which may be required as part of Onboarding. Indicative test ESI tool completed by contractors on their own behalf at the request of CCS or the Buyer (as applicable) under clause 4.6. Information Has the meaning given under section 84 of the Freedom of Information Act 2000. Information security management system The information security management system and process developed by the Supplier in accordance with clause 16.

  • E5 Freedom of Information The Contractor acknowledges that the Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations.