4. POWER (S)
This agreement relies upon the following legal powers:
The Data Protection Act 1998
All information held by partner agencies is subject to this Act which details seven rights of the individual in relation to data held about them:
Prevention of processing causing damage/distress
Prevention of processing for marketing
Rights in relation to automated decision making
Right to compensation if harm suffered
Right to amend/delete inaccurate data and
Right of appeal to a commissioner if the Act has been breached.
and eight legally enforceable principles restricting the use of that data which should be:
Processed fairly and legally
Obtained for a lawful purpose
Adequate, relevant and not excessive to its purpose
Accurate and up to date
Not kept longer than necessary
Processed in accordance with the rights of the data subject
Protected against unlawful processing or loss
Not transferred outside the European Union.
Section 29 of the act allows information to be disclosed to third parties where the purpose is:
The prevention or detection of crime
the apprehension or prosecution of offenders.
This is not a cover all exemption from the need to obtain consent and is only available where there is a real likelihood of prejudice to one of those purposes were consent to be sought.
The Crime and Disorder Act 1998
Section 115 of this Act provides authority for specified bodies, including the police and local authorities, to disclose information to each other for purposes specified in the Act, and particularly section 17, their duty to prevent crime and disorder.
Human Rights Act 1998
Article 8.1 provides that:
Everyone has the right to respect for his private and family life, his home and correspondence.
Article 8.2 states that:
There shall be no interference by a public authority with the exercise of this right (except) in the interest of national security, public safety, or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others.
Common Law Duty of Confidentiality
The duty of confidentiality requires that unless there is a statutory requirement to use information provided in confidence it should only be used for purposes that the subject has consented to, but that this duty is not absolute and can be overridden if the holder of the information can justify disclosure as being in the public interest, that is to protect others from harm.
This agreement has been formulated to facilitate the exchange of information between Partners. It is however, incumbent on all partners to recognise that any information shared must be justified on the merits of each case.
5.1 Types of information to be shared:
5.1.1 West Yorkshire Police will share:
i. Details of previous criminal convictions
ii. Details of all arrests
iii. Offender management action plans/ tasking subject to operational restrictions (e.g. potential none disclosure in operationally sensitive situations such as covert surveillance)
iv. Domestic violence incidents: The rights of the victim are recognised and must be protected in the exchange of any information relating to domestic violence. Consideration will be given to the provision of an anonymised history. Where issues of risk to a particular victim or potential victim are apparent consideration will be given to the provision of additional information.
v. Child protection reports and investigations where relevant to current risk of offending;
vi. DOMU police officers seconded to the CJIT DIP will provide details of Custody drug test results, restriction on bail (ROB) status and compliance, details of attendance at Required Assessments and information as at part (vii) below where that is commensurate with the Leeds Drug Intervention Information Sharing Agreement cited above.
vii. Any other Information which has a relevant intelligence value, for example known associates, places frequented or significant events which may influence the likelihood of reoffending where that information may be disclosed in compliance with the assigned National Intelligence Model dissemination code.
5.1.2. Leeds City Council Anti Social Behaviour Unit will share:
i. Details of complaints received and investigations commenced in respect of PPO/ IOM designated individuals;
ii. Details of pre Court measures taken such as warning letters and ABCs;
iii. Information re past, current or proposed Court proceedings in respect of anti social behaviour complaints, for example evictions, ASB Orders, Injunctions and Undertakings;
iv. Information which has a relevant intelligence value, for example associates, places frequented or significant events which may influence the likelihood of reoffending obtained in the course of case investigation;
v. Relevant tenancy information drawn from the Orchard system;
5.1.3 West Yorkshire Probation Board:
i. Details of Offender Assessment System ( OASys) risk assessments including static and dynamic risk factors, the level of risk of reoffending and seriousness of that offending and against whom ;
ii. Details of proposed or current licence conditions and proposed amendments;
iii. Details of Sentence Plans and associated information, for example earliest release dates, HDC dates, and licence and sentence expiry dates;
iv. Details of Community Orders;
v. Reporting and compliance behaviours;
vi. Hostel placements and compliance with hostel requirements;
vii. Details of proposed breach action;
viii. Any other information which has a relevant intelligence value, for example associates, places frequented or significant events which may influence the likelihood of reoffending and obtained in the course of routine case management;
5.1.4 Leeds Youth Offending Service
i. Relevant sections of the Asset assessment including the level of risk of offending and the risk of serious harm ;
ii. Intervention Plans, objectives and reviews;
iii. Details of reporting and compliance behaviours;
iv. Details of breach actions;
v. Any other information which has a relevant intelligence value, for example associates, places frequented or significant events which may influence the likelihood of reoffending and obtained in the course of routine case management ;
5.1.5 HM Prison Service
i. Information re daily prison releases including End of Custody Licence (ECL) releases, including release addresses;
ii. Details of internal prison transfers;
iii. Details of proposed/ projected release dates;
iv. Information detailing offender’s prison history including adjudications, course attendance and self harm incidents;
v. Any other information which has a relevant intelligence value or other significant events which may influence the likelihood of reoffending in the community and obtained in the course of routine management ;
5.1.6 Group 4 Securicor.
i. Details of all offenders subject to a Tagging Order as either a condition of bail or sentence order;
ii. Details of all cases where it has not been possible to install monitoring equipment;
iii. Where an offender subject of bail conditions has breached the bail conditions in respect of his tagging curfew ;
iv. Where an offender is subject to a tagging order as part of a sentence and breaches that curfew, details of the breach, action taken to return the offender to Court and the progress and outcome of that action;
v. Where an offender is subject of a tagging order as a result of a sentence and is subject to additional terms and under Probation or YOS supervision, details of any breach of the tagging terms;
vi. Any other information which has a relevant intelligence value which may influence the likelihood of reoffending in the community and which is obtained in the course of routine management of the tagging process ;
i. Subject to the necessary restrictions indicated in the above detailed Leeds Drug Intervention Programme Information Sharing Agreement (Appendix 1) in respect of confidential medical information, DISC will supply all information contained in the offender’s Management Plan, for example details of employment and housing. This will include objectives of the plan, progress and the offender’s engagement, and any other information which has a relevant intelligence value, for example details of current associates, life style factors or other significant events which may influence the likelihood of reoffending in the community and obtained in the course of routine management ;
ii. Subject to the provisos in respect of confidential medical information DISC will disclose such information as necessary to prevent self harm by the offender or harm to others, or where there is a substantial public interest served in doing so;
i. Subject to the necessary restrictions indicated in the above detailed Leeds Drug Intervention Programme Information Sharing Agreement (Appendix 1) in respect of confidential medical information, CRI will supply all information contained in the offender’s Management Plan, for example details of employment and housing. This will include objectives of the plan, progress and the offender’s engagement, and any other information which has a relevant intelligence value, for example details of current associates, life style factors or other significant events which may influence the likelihood of reoffending in the community and obtained in the course of routine management
ii. Subject to the provisos in respect of confidential medical information CRI will disclose such information as necessary to prevent self harm by the offender or harm to others, or where there is a substantial public interest served in doing so;
5.2 Constraints on the use of information:
5.2.1 The information shared must not be disclosed to any third party and must not be used or disclosed for any other purpose. It must be stored securely and destroyed when it is no longer required for the purpose for which it is provided.
5.2.2 Disclosure of personal data must be relevant and only the minimum amount required for the purpose and can only be used for the purpose for which it is supplied.
5.2.3 The identity of the originator must be recorded against the relevant data. No secondary use or other use may be made unless the consent of the disclosing party to that secondary use is sought and granted in writing.
5.2.4 Disclosure of personal information should only be made provided that it can be demonstrated that it is required for a policing purpose as defined in the code of practice for the management of police information. E.g.
Protecting life & property
Preventing the commission of offences
Bringing offenders to justice
Any duty or responsibility arising from common or statute law
5.2.5 Disclosure must be compatible with the second data protection principle:
5.3 Roles and Responsibilities under this agreement:
5.3.1 The sharing of information must only take place where it is valid and legally justified.
5.3.3 The Leeds IOM Project Group should regularly discuss in the course of routine meetings how the agreement is working.
5.3.4 Any request for personal information must meet one or more of the policing purposes.
5.3.5 Within West Yorkshire Police, the ISA must be held and managed centrally by the Head of Information Management.
5.4 Specific Procedures:
5.4.1 This Protocol governs only the exchange of information between the participatory agencies for the purposes of Integrated Offender Management in accordance with the Integrated Offender Management Leeds Operational Guidelines of which this document is an Appendix. This exchange will take place on a daily basis between agency staff engaged in joint offender management and through the Divisional Case Conference procedures detailed in that document.
5.4.2 Detailed guidance of how information will be shared by participatory agencies is contained in the document.
5.5 Review, Retention and Deletion
5.5.1 Partners to this agreement undertake that personal information shared will only be used for the specific purpose for which it is requested. The recipient of the information is required to keep it securely stored and will confidentially shred and destroy it when it is no longer required.
5.5.2 Files containing information from partner sources will be reviewed every six months by each holding agency to ensure that the retention of the information is justifiable.
5.5.3 The recipient will not release the information to any third party without obtaining the express written authority of the partner who provided the information.
5.6 Review of Information Sharing Agreement
5.6.1 The ISA will be monitored six months after its implementation by the IOM Implementation Group and annually thereafter.
5.6.2 The nominated holder of this agreement is West Yorkshire Police. It is based on the national template for information sharing which forms part of the guidance issued on the Management of Police Information by ACPO and the Home Office.
5.7.1 All the partnersdetailed at 1 as receivers of police information will accept total liability for a breach of this Information Sharing Agreement should legal proceedings be served in relation to the breach.
7.1 Signatories to this agreement must designate an individual within their organisation to assume responsibility for data protection, security and confidentiality and compliance with legislation. The designated person will ensure that Data Protection registrations or notifications are in place to cover the holding and use of personal data.
7.2 It is expected that partners of this agreement will have in place baseline security measures compliant with BS17799: 2005 and ISO/IEC 27001:2005 and HMG standards in relation to information security.
7.3 All signatories will ensure that they have these appropriate security arrangements in place. Only nominated representatives can access, request information, and make disclosure decisions. Data should be stored securely to prevent unauthorised access and disclosure.
7.4 Any changes in nominated officers will be notified in writing as soon as practicable and in any event within 5 working days after such a change has occurred.
7.5 The Information Security Officer from West Yorkshire Police will, 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.