Common use of Proportionality and necessity Clause in Contracts

Proportionality and necessity. The data relevant under this Tier 1 Data Sharing Agreement can include personal data, special category data and criminal offence data shared for the reasons of safeguarding and preventing crime and disorder. Partners agree that only information that is relevant to the purposes should be shared with those partners who need it (need to know basis). Assessing proportionality and necessity for any sharing initiative under this agreement is paramount and should be documented to assure compliance with current UK data protection legislation. In circumstances where data is to be shared for safeguarding and preventing crime and disorder purposes both the benefits and the risks must be balanced against each other to assure the right level of proportionality and necessity. Organisations signed up to this Tier 1 Data Sharing Agreement must therefore include Caldicott Guardians (for Health), Service Leads or other equivalent individuals as they must be core to such decision-making. It is recommended under this agreement that organisations take a default ‘starting position’ of considering what data/information is reasonably, foreseeably needed. Data minimisation and proportionality will be maintained by only asking for data that is needed to fulfil a specified purpose. Partners must consider any harm or detriment that may come from sharing information, and make sure this does not outweigh what is trying to be achieved (least intrusive amount of personal information to be shared appropriate to the risk presented). This is particularly important for sensitive information. Partners will consider who could be affected by any disclosures contemplating that sharing information about one individual may also have an effect on the privacy rights of others. Information must be of the right quality to ensure that it can be understood and relied upon. Organisations signed up to this agreement will consider the level of identification required for each sharing initiative.

Proportionality and necessity. The data relevant under this Tier 1 Data Information Sharing Agreement can include personal data, special category data and criminal offence data shared for the reasons of safeguarding and preventing crime and disordersafeguarding. Partners agree that only information that is relevant and proportionate to the purposes should be shared with those partners who have justified that they need it (need to know basis). Assessing proportionality and necessity for any sharing initiative under this agreement is paramount and should be documented to assure compliance with current UK data protection legislation. In circumstances where data is to be shared for safeguarding and preventing crime and disorder purposes both the benefits and the risks must be balanced against each other to assure the right level of proportionality and necessity. Organisations signed up to this Tier 1 Data Information Sharing Agreement must therefore include Caldicott Guardians (for Health), Service Leads or other equivalent individuals as they must be core to such decision-making. It is recommended under this agreement that organisations take a default ‘starting position’ of considering what data/information is reasonably, foreseeably needed. Data minimisation and proportionality will be maintained by only asking for data that is needed to fulfil a specified purpose. Partners must consider any harm or detriment that may come from sharing information, and make sure this does not outweigh what is trying to be achieved (least intrusive amount of personal information to be shared appropriate to the risk presented). This is particularly important for sensitive information. Partners will consider who could be affected by any disclosures contemplating that sharing information about one individual may also have an effect on the privacy rights of others. Information must be of the right quality to ensure that it can be understood and relied upon. Organisations signed up to this agreement will consider the level of identification required for each sharing initiativeinitiative and apply anonymisation or pseudonymisation if and as possible.