82 The recommendations from SCIE relating to SARs are important and can be found at: https://www.scie.org.uk/safeguarding/adults/practice/sharing-information - SCIE recommend that information sharing practice between safeguarding partners is monitored and that all staff understand the basic principles of confidentiality, data protection, human rights and mental capacity in relation to information-sharing. 4. Lawful basis for the sharing of personal information The principal legislation concerning the protection and use of personal information is listed below and agencies signed up to the Dorset Pledge have agreed to comply with: Data Protection Act 2018 and General Data Protection Regulation (GDPR) Common Law Duty of Confidentiality Human Rights Act 1998 Other legislation that facilitates the lawful sharing of information is listed below: The Safeguarding Vulnerable Groups Act 2006 – was passed to help avoid harm, or the risk of harm, by preventing people who are deemed unsuitable to work with children and adults, from gaining access to them through their work. Regulated activity providers (employers or volunteer managers of people working in regulated activity) and personnel suppliers have a legal duty to refer to DBS where the following two conditions apply. Both must be met. permission to engage in regulated activity with children and/ or adults is withdrawn, or the person is moved to an area of work that is not regulated. it is thought the person has carried out one of the following – an action or inaction has harmed or put them at risk of harm there has been no relevant conduct, but the risk of harm still exists. or the person has been cautioned or convicted of a relevant offence (automatic barring). Mental Capacity Act 2005 – this Act is designed to protect and empower adults who may lack the mental capacity to make their own decisions about their care and treatment. Care Act 2014 - in the past, there have been instances where the withholding of information has prevented organisations being fully able to understand what ‘went wrong’ and so has hindered them identifying, to the best of their ability, the lessons to be applied to prevent or reduce the risks of such cases reoccurring. If someone knows that abuse or neglect is happening, they must act upon that knowledge, not wait to be asked. A SAB may request a person to supply information to them or to another person. The person who receives the request MUST provide the information to the SAB if: The request is made to enable or assist the SAB to do its job. The request is made of a person who is likely to have relevant information and then either: the information requested relates to the person to whom the request is made and their functions or activities. the information requested has already been supplied to another person subject to a SAB request for information. Information will only be shared on a ‘need to know’ basis when it is in the best interests of an adult. Confidentiality must not be confused with secrecy. Informed consent should be obtained but, if this is not possible and other adults are at risk of abuse or neglect, it may be necessary to override the requirement. It is inappropriate for agencies to give assurances of absolute confidentiality in cases where there are concerns about abuse, particularly in those situations when other adults may be at risk. General Data Protection Regulations 2018 (GDPR) GDPR relates primarily to the rights of the adult to have their information protected and only shared subject to specific conditions and safeguards and in many circumstances, with their explicit consent. GDPR sets a high standard for consent but often the matter will not be one that
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