Sharing Information and Consent
5.1 The Data Protection Act 1998 sets out the terms under which sensitive personal information can be shared without consent. All agencies should have information sharing procedures in place and staff should follow these when disclosing information without consent.
5.2 Information sharing is permitted:
- to protect the vital interests of the data subject or another person, for the administration of justice, or
- for the exercise of any functions conferred on any person by or under an enactment, or for medical purposes
5.3 NHS Dumfries and Galloway are required to ensure that all staff members are aware of, and operate, local procedures for sharing of information with the Police to promote the prevention and detection of crime, while respecting and safeguarding the interests of patients and the public in the confidentiality of personal health information.
5.4 Whilst confidentiality is important, it is not an absolute right. Co-operation in sharing information is necessary to enable a council to undertake the required Inquiries and Investigations.
5.5 Information should only be shared with those who need to know and only if it is relevant to the particular concern identified. The amount of information shared should be proportionate to addressing that concern. Adults who may be subject to harm may be anxious about the information being shared with others. It is the record holder’s responsibility to determine what information should be passed to the Council Officer.
5.6 There may be some areas of crossover between Child Protection and Adult Protection information, particularly when dealing with families, where there may be children and adults at risk.
5.7 Where there is a concern about an adult at risk of harm or you are made aware of such a concern, agencies have a responsibility to share and exchange relevant information with other professionals. This should be done without delay (within 24 hours) and with confidence, following your own agency/ service procedures.
5.8 All staff should be aware that their own agency will support them if they have shared personal information in these circumstances using their professional judgement.
5.9 Previous Learning Reviews have highlighted misconceptions about information sharing. Existing legislation does not prevent the sharing and/ or exchanging relevant information where it is believed there are concerns about the protection of adults at risk of harm. In addition, agencies are lawfully able to share confidential information where disclosure is necessary to protect the individual or another third party. This extends to all practitioners working with adults who may be self-harming or neglecting themselves.
5.10 It is important that we are open and transparent and make people aware that we will share information when we suspect an adult is at risk of harm. It is also important that staff record any decisions to share or not to share information and their reasons for doing so.
5.11 For further advice and guidance staff should speak directly with their supervisor/ manager or with their organisation’s Data Protection expert.