Common use of Proportionality and necessity Clause in Contracts

Proportionality and necessity. Proportionality and necessity are factors to be taken into consideration when deciding whether to share personal information. In making the decision, employees must weigh up what might happen as a result of the information being shared against what might happen if it is not, and apply their professional judgement. Organisations party to this Agreement are expected to justify that they believed sharing was necessary for one of the following criteria: ● necessary for the purposes of preventing or detecting crime ● required or authorised by an enactment, by a rule of law or by the order of a court or tribunal ● in the particular circumstances, was justified as being in the public interest. Or that the organisation acted in the reasonable belief that: ● the person had a legal right to do the obtaining, disclosing, procuring or retaining ● the person would have had the consent of the controller if the controller had known about the obtaining, disclosing, procuring or retaining and the circumstances of it What is considered ‘reasonable’ will change depending on the circumstances. For a rapid response to emergencies, or getting immediate physical, mental and emotional support to those affected, organisations will have to make quick judgements. It is recommended that all parties consider likely sharing needs and establish protocols as part of their emergency preparedness, so that employees and practitioners are confident in making lawful decisions quickly.