The principles of disclosure to third parties are the same as for the exchange of information between agencies. The guidelines provide examples of cases where disclosure should be considered: the exchange of information is one of the main reasons for the existence of MAPPA. It is also an activity that can violate human rights and the various important laws that protect personal data. It is therefore essential that the guidelines and rules on the exchange of information are fully understood and implemented. Without a good understanding of the circumstances in which disclosure of information is permitted, employees may either disclose information inappropriately or not disclose critical information because they are under the misunderstanding that the law does not allow it. For this reason, the entire section on information exchange contained in the MAPPA guidelines is listed here. In the context of information exchange, it may be useful to read section 4.7: Protection of the public and human rights and section 5.2: Exchange of information. All information covered by the above bullet points must be offered, understood and agreed upon before personal data is shared. Legal duty of authority – It is important to ensure that the exchange of information does not violate the provisions of the Data Protection Act (1998), the Human Rights Act (1998) or the common law or legal obligations of trust if it is to be legal. Any MAPPA agency that exchanges information must have prima facie legal or customary authority (vires) to do so.
The police, probation and prison services have clearly recognised legal obligations, which necessarily involve the exchange of information, with regard to their broader criminal competences and their specific and common tasks within the framework of MAPPA. Subsection 325(4) of the Criminal Justice Act,2003 recognizes that cooperation between the RA and DTC authorities may include the sharing of information. Therefore, all MAPPA bodies have prima facie legal authority to exchange information with the RA. Need – Information should only be shared when necessary for the proper assessment and management of risks posed by offenders with MAPPA. The specific objectives of information sharing within MAPPA are as follows: It is important to note that section 325 of the Criminal Justice Act (2003) does not provide the necessary legal authority for these cases. Section 115 of the Crime and Disorder Act (1998) may authorize certain information that is transmitted to police and probation services, but only in a one-way manner, and only for the purposes of this Act. The most important task of MAPPA and the competent authorities is to take measures to protect the public. This may include the lawful exchange of normally confidential information with third parties, e.B employers, religious leaders or school leaders, if there is strong evidence that such disclosure would help protect identifiable or unknown potential victims. It enables the timely exchange of information on risk assessment and risk management for individual dangerous offenders and improves the ability to exchange information and improve the secure transmission of key information when these offenders move between areas. The use of the information contained in ViSOR should be carefully considered as it is often information and may therefore have a “Confidential” protection label and cannot be recorded in the OASys system (which can only contain data marked “Restricted”).
The nature of the exchange of information under MAPPA may mean that information (e.B. MAPPA Form B) may contain the personal data of several persons (e.B. victims and perpetrators) and that the interests of each of them must be taken into account when disclosing such information. For more information about MAPPA, see www.mappa.justice.gov.uk The more sensitive the information and the more serious the consequences of the loss or accidental disclosure of that information, the stricter the procedures that must be put in place to protect it. Responsible information sharing – The RA must ensure that the administrative procedures that underpin the effective conduct of MAPP meetings and case conferences have the confidence of participants. Accurate, clear and timely record keeping is necessary to demonstrate that a responsible exchange of information is taking place. In addition, safe and secure procedures for storing and retrieving information are obvious. The exchange of information must take into account a number of important issues, in particular by ensuring that personal data are: another aspect of proportionality that must be taken into account is the amount of information to be exchanged that is necessary for risk management and the staff of each agency who actually needs this information.
For example, if what is really needed is the name and address of individuals, it would probably be disproportionate to share their race and religion. In addition, information shared with an organization`s single point of contact (SPOCs) does not give that OCPS the authority to disseminate information throughout its organization. In addition, section 115 of the Crime and Disturbances of Public Order Act 1998 gives each person the power to disclose information to certain competent authorities (including the police, probation service, health care and local authorities) where necessary to support the implementation of the provisions of this Act, which includes local strategies to reduce crime and disorder. The law does not give authorities the power to disclose information to a person, so it does not give vires the ability to share information with a non-DTC entity. The legal authority of criminal justice authorities with regard to the exchange of information in MAPPA is easy to understand. For DTC agencies, subsections 325(3) and (4) of the Criminal Justice Act (2003) specify their mandate within MAPPA: ViSOR is a secure computer program that supports MAPPA. It is designed to support a fully integrated approach to the management of sexual, violent and other dangerous offenders. It will provide a central repository of up-to-date information for access and updating by the police, prison administration (public and private), probation services and, in the future, juvenile delinquent teams. Cases in ViSOR are called “nominal”.
Each nominal amount may contain up to 43 “annexes”; These contain information about the person, such as name, address, convictions, known employees, modus operandi, and pets. In addition to the different types of risk assessment sessions for offenders in prison, there are times when a written report and/or the participation of a prison staff member in a MAPPA meeting is invaluable. (The manual indicates when participation will be appropriate). The list of types of information from which the risk assessment will benefit is broad: “Institutions are required to inform MAPP Level 2/3 meetings in a timely manner of the ongoing risk at key points of the judgment, in particular by collecting information on prisoners at high/very high risk of harm (e.B. Networking of the sex offender models with whom they are associated, contact with victims) to inform the treatment plan on release” [Public Protection Manual] Prison Service (n.d) Public Protection Manual. Prison Service. [See] (Official document) Only the information that is really needed for this purpose should be shared. The more the information goes beyond what is actually needed and shared, the more likely it is that the disclosure will be disproportionate and therefore illegal. The purpose of the meeting is for the agencies to exchange information that: This part of the guidelines refers only to the transfer of personal data. It takes into account the privacy and information sharing policies issued or regulated by all DTC organizations. For more information, see the MINISTRY OF HEALTH`s Code of Practice (2003) Ministry of Health Code of Practice (2003) Office of the Information Commissioner`s Code of Practice for sharing personal information.
Information is kept and shared securely – all offender information must be kept and shared securely, and should only be available and shared with those who have a legitimate interest in knowing it; that is, the organizations and individuals involved in PAA processes. Safeguards must be put in place to ensure that people who do not have a legitimate interest in the information cannot accidentally or intentionally access it. Exchange of information and obligation to cooperate Agencies A trusting, appropriate and effective exchange of information is a very important element of the duty of cooperation. The success of agreements on the exchange of information in an area will be reflected in both the quality and quantity of cooperation between MAPPA agencies. Authors (or their representatives) are not present at MAPP meetings, but they can provide written information about their abuser/case manager. Proportionality in the exchange of information – To meet this criterion, it is necessary to demonstrate that the assessment and management of the risk(s) posed by the author can only be carried out effectively by sharing the information in question. There are other types of work with offenders and related issues (p.B. family violence) that require information sharing and planning between agencies: The guide provides information on the following: Appendix C also contains a list of roles that play a role in providing information essential to risk assessment and should therefore participate in WIRM either as a lead member, or for a specific reason. It is not only the provision of information, it is the use for which the shared information can be used and the interpretation of its importance that is most useful in the development of more accurate risk assessments and risk management plans. In fact, not everything happens in the community; the foundations for good community supervision of MAPPA offenders are invariably laid during their custodial sentences […].