Information Sharing Agreement generated by the Information Sharing Gateway

Information Sharing Gateway

Lancashire Enterprise Partnership Business Support ­ Support Portal ­ Enterprise Partnership Business Support ­ Evolutive Portal

Information Sharing Agreement

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Introduction

The Parties to this Information Sharing Agreement (ISA), except where indicated under "Parties to this Agreement", are signatories to the Information Sharing Gateway (ISG) Memorandum of Understanding.

This Memorandum of Understanding sets out the general principles of Information Governance that all organisations who access and use the Information Sharing Gateway have agreed to. It provides a framework for safeguarding the processing of all personal confidential information. General principles 1. The Information Governance Toolkit1 defines the minimum standards for Information Governance for health and social care. Where applicable, each organisation is committed to undertaking, following and complying with the Information Governance Toolkit as a minimum of Level 2. Where Level 2 has not been met, an action plan for necessary improvements agreed with either a lead or partner organisation. 2. Each organisation shall have appointed a responsible / accountable officer who will ensure the protection of personal information for example a Caldicott Guardian or senior manager2 responsible for data protection. 3. Each organisation will be take appropriate organisational and technical measures towards compliance with Data Protection Act 1998, Caldicott Principles, ISO 27001 Series of Information Security Standards, Freedom of Information Act 2000 and national guidance and rules around processing personal confidential information and other relevant legislation. 4. Each organisation is committed to identifying, documenting and risk assessing their data flows with any mitigating actions defined and agreed. 5. Each organisation is committed to ensuring staff are appropriately trained and comply with organisational policies in relation to Information Governance, including data protection, Confidentiality, Caldicott Principles, Information Security, Records Management and Freedom of Information. 6. Organisations will promptly notify other partner organisations any Information Governance breach, vulnerability or threat that could affect the security of the data being shared. 7. Organisations will agree to allow partner or lead organisations, or its representatives, to carry out audits or visits to confirm compliance with agreed assurance requirements. 8. Each organisation commits to ensure that the data is shared in a safe and secure manner meeting the agreed purpose of the sharing. 9. Any requests for information under the Freedom of Information Act 2000 or the Data Protection Act 1998 should be directed to the original organisation's data protection officer. 10. Organisations may not create or establish onward sharing without the explicit permission of the original organisation's data protection officer.

1 The Information Governance Toolkit is an online performance tool produced by the Department of Health (DH) and hosted by the Health and Social Care Information Centre (HSCIC). It allows NHS organisations and partners to assess themselves against DH information governance policies and standards.

2 In Health and local authorities, this may be the Senior Information Risk Owner (SIRO). Other agencies may not have these identified roles and, therefore, it will be a senior manager responsible for ensuring compliance with Data Protection.

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Parties named in this Agreement

The Parties listed below recognise their responsibilities for ensuring this agreement complies with all legislation and other requirements relevant to the personal data being shared, including the specific governance measures set out in this ISA.

Organisation ISG Status Responsible Officer / Contact Email

BLACKBURN WITH DARWEN MoU Signed:06/09/2016 Sarah Slater BOROUGH COUNCIL (ICO: Z6166514) Assurance: Significant [email protected] Providing and Receiving Data

BLACKPOOL COUNCIL (ICO: MoU Signed:21/05/2015 Debbie Topping Z5720508) Assurance: Significant [email protected] Providing and Receiving Data

BOROUGH OF PENDLE (ICO: Not signed up to ISG MOU Z9180064) Assurance: Not submitted [email protected] Providing and Receiving Data

BURNLEY BOROUGH COUNCIL (ICO: MoU Signed:19/05/2017 Lukman Patel Z7271323) Assurance: Expired Providing and Receiving Data

CHORLEY BOROUGH COUNCIL (ICO: MoU Signed:08/12/2017 Emma Marshall Z477084X) Assurance: Limited [email protected] Providing and Receiving Data

FYLDE BOROUGH COUNCIL, FY8 1LW MoU Signed:05/12/2017 Stephen Smith (ICO: Z6894652) Assurance: Significant [email protected] Providing and Receiving Data

Growth Lancashire Ltd, PR1 8XJ (ICO: MoU Signed:23/08/2017 Steven Cochrane Z1785636) Assurance: Significant [email protected] Providing and Receiving Data

HYNDBURN BOROUGH COUNCIL, BB5 MoU Signed:07/07/2017 Fiona Goodfellow 0PF (ICO: Z2090478) Assurance: Significant [email protected] Providing and Receiving Data

LANCASHIRE COUNTY COUNCIL (ICO: MoU Signed:01/09/2015 Ian Young Z542705X) Assurance: Significant [email protected] Providing and Receiving Data

Lancaster City Council, LA1 1PJ (ICO: MoU Signed:31/07/2017 Anne Streeter Z7414144) Assurance: Significant [email protected] Providing and Receiving Data

PRESTON CITY COUNCIL (ICO: MoU Signed:18/09/2017 Alison Brown Z5613272) Assurance: Significant Providing and Receiving Data

Ribble Valley Borough Council (ICO: MoU Signed:18/05/2017 Stuart Haworth Z6400958) Assurance: None [email protected] Providing and Receiving Data

Rossendale Borough Council (ICO: MoU Signed:20/11/2017 Guy Darragh Z4916821) Assurance: Not submitted [email protected] Providing and Receiving Data

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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SOUTH RIBBLE BOROUGH COUNCIL, MoU Signed:07/09/2017 John Healey PR5 1DH (ICO: Z496241X) Assurance: Significant [email protected] Providing and Receiving Data

West Lancashire Borough Council, L39 MoU Signed:26/09/2017 TINA SPARROW 2DF (ICO: z5399931) Assurance: Significant [email protected] Providing and Receiving Data

WYRE BOROUGH COUNCIL, FY6 7PU MoU Signed:31/08/2017 Joanne Billington (ICO: Z5682712) Assurance: Expired [email protected] Providing and Receiving Data

Responsible Senior Officers

The Responsible Senior Officers named above provide assurance that: The details captured in this Information Sharing Agreement accurately describe the data sharing practices and the controls in place to govern them. Their organisation and its staff will make every effort to ensure that the controls are monitored and maintained and data sharing will only happen as described herein. Should their organisation wish to deviate from the practices and controls described here, they will review this data flow to ensure that these changes are captured.

Purpose and Justification for Sharing

Purpose The Parties agree to use shared information only for the specific purposes set out in this document and to support the effective administration, audit, monitoring, regulatory inspection of services and reporting requirements.

The Parties accept that shared information shall not be regarded as general intelligence for the further use by recipient organisations unless that further purpose is defined in this agreement and respective service users have been informed of this intended change of use.

The purpose, specific to this information sharing arrangement, is identified as:

This information is required to better assess the impact of business support initiatives on the economy of Lancashire and the companies supported. The information is also required to monitor the effectiveness of external funding such as the European Regional Development Fund and other funding allocated to the Lancashire Enterprise Partnership.

The reasons for sharing information in relation to this programme of work are; • Greater knowledge and awareness of business support projects available within Lancashire • Improved customer experience due to greater awareness and better coordination • More joined up, comprehensive performance management information to feed into future funding bids for the area

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Benefits

The benefits derived from this information sharing arrangement, are identified as:

The benefits of information sharing includes giving all parties involved a clearer picture of the clients’ requirements and tracking which services individual clients have received. Failure to appropriately share information would result in clients having to repeat their requirements to various organisations within the partnership. This could lead to duplicated effort and the partnership not being able to effectively track the allocated funding and support that the client has received from other partners.

Data relating to the client journey and the value of public sector support is also required to comply with the State Aid De Minimis regulations specifically to monitor total support against the ceiling of 200,000 Euros in any three year period. This legislation is enforced across all UK Government and European funded business support projects.

Restrictions on other use and further disclosure It is recognised that unless the law specifically requires or permits this, shared information will not be used for different purposes or further disclosed. Even where the law permits further disclosure, in line with good practice the originating data controller will be consulted first and depending on the circumstances, it may be necessary for the data subject to be informed of the disclosure.

The Information Being Shared

Types of Information

The types of information, to be shared under this agreement, are identified as:

Personal Personal Sensitive ­ Low Risk e.g. medical records

Data Subjects

The data subjects, whose information is to be shared under this agreement, are identified as:

Advisers, consultants and other professional experts Customers and clients Staff (NOT including volunteers, agents, temporary and casual workers)

Data Fields to be Shared

The data fields, to be shared under this agreement, are identified as:

Company Name Company Address Company contact details

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Company Personnel Contact details Nature of business Individual Client Name Individual Client Contact details Details of the client journey/hours spent Ethnicity of business owner Disability of business owner Age of business owner D.O.B (In some cases) Gender Employment status Nature of business enquiry Notes relating to business enquiry Outcome of any grant fund awarded including amount Outcome of any job creation including details of the job (ethnicity, gender etc) Turnover Gross Value Added

Information Security & Confidentiality

Organisational and technical measures The Parties shall take appropriate technical, security and organisational measures against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, personal data. Data Transfer Modes and Controls

Transfer Mode Controls

Electronic data transferred via automated Access data via a secure network link ­ Secure system to system connection / system e.g. https

Frequency of Exchange Number of Records

Instant Batch ­ 1,001­5,000

Post Transfer Storage and Security

Physical location and method of storage:

Off site server ­ UK based

Data security after transfer:

Area accessed by key / keypad / access card Password protection

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Smartcard / system password

Access controls after transfer:

Key allocation Key issue log System login

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Privacy Impact Assessment

Legal basis for sharing personal information

Statutory duty / power to share

The legislation and/or regulations providing a mandatory duty or discretionary express or implied power for each of the relevant public authority partners to this agreement to share personal data for the purposes described in this agreement, are:

Data Protection 1998 SCHEDULE 2

1 The data subject has given his consent to the processing.

SCHEDULE 3

1 The data subject has given his explicit consent to the processing of the personal data.

General Data Protection Regulation

On the 25th May 2018 the Data Protection Act 1998 will be replaced by the General Data Protection Regulation (GDPR). The condition for processing under the GDPR will be: Article 6 1. Processing shall be lawful only if and to the extent that at least one of the following applies: (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Article 9 2. Paragraph 1 shall not apply if one of the following applies: (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes.

Sharing on the basis of informed consent

The consent model(s) used for this sharing arrangement is / are:

Explicit / Express Implied / Implicit (this must be covered by a Fair Processing notice)

DPA legitimising conditions

The Schedule 2 conditions relied on for this agreement are:

Consent of the data subject

The Schedule 3 conditions relied on for this agreement are:

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Explicit consent of the data subject

Informing Individuals

The privacy notice / ammendments relevant to this data sharing arrangement are:

Not specified.

Adequacy, relevance, necessity

The following checks have been made regarding the adequacy, relevance and necessity for the collection of personal and / or sensitive data:

Not specified.

Provisions for the accuracy of the data

The following provisions have been made to ensure information will be kept up to date and checked for accuracy and completeness by all organisations:

Assurance in place (e.g. IGT, PSN) Staff aware of responsibilities when working with data Clear retention schedules Integrity checks maintained

Retention and disposal requirements

The following arrangements have been made to manage the retention and dispoal of data by all organisations:

Assurance in place (e.g. IGT, PSN) Policies and procedures which state / define Retention schedules Policies and procedures which state / define Disposal methods and criteria

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Subject access requests

Subject Access Requests for individual records will be dealt with as follows:

Assurance in place (e.g. IGT, PSN) Clearly defined procedures in place for Subject Access Requests for individuals Clearly defined procedures in place to handle rectification and blocking of data

Technical and organisational measures

The receiving organisation's policies, processes and standard operating procedures can be described as follows:

Assurance in place (e.g. IGT, PSN) Clearly defined Up­to­date Readily available Understandable (in plain English) for staff to use

The receiving organisation's manage incidents according to the following:

Reviewed including any root cause analysis and action plans

The receiving organisation's training for both the system and data can be described as:

Assurance in place (e.g. IGT, PSN) Users are aware of their responsibilities when using the asset Regularly trained and tested on their understanding Understand what to do in the event of a breach or incident

The receiving organisation's security control for the asset can be described as:

Assurance in place (e.g. IGT, PSN) Secure storage (e.g. locked cabinet) Secure connection (e.g. https:) Secure access (e.g. password protected) Managed so only authorised persons can access and access routinely checked Audit trail of interactions

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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The receiving organisation's business continuity arrangements are:

Assurance in place (e.g. IGT, PSN) Clear business continuity arrangements Users are aware of arrangements and appropriately trained Regularly reviewed and updated (at least annually)

The receiving organisation's disaster recovery arrangements are:

Assurance in place (e.g. IGT, PSN) Regularly reviewed and updated (at least annually) Electronic part of a disaster recovery testing regime, regularly tested

The third party / supplier contracts contain all the necessary Information Governance clauses including information about Data Protection (1998) and Freedom of Information (2000):

Yes

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Risk Assessment

Description Controls Initial Actions Final Rating Rating

Automated electronic transfer Controls in place: Low is taking place over a Access data via a controlled platform. Security secure network link ­ controls should still be Secure connection / implemented and maintained. system e.g. https

Servers hosted within the UK Controls in place: Low are bound by UK Law and Off site server ­ UK legislation. You must ensure based that the necessary due diligence and checks are made. Make sure access is controlled.

At least one control is in Controls in place: Low place which enables the Key allocation information to be accessed Key issue log securely in the receiving System login organisation.

At least one control is in Controls in place: Low place which enables the Area accessed by key information to be accessed / keypad / access card securely in the receiving Password protection organisation. Smartcard / system password

All of the minimum Controls in place: Low recommended controls are in Assurance in place place relating to the accuracy (e.g. IGT, PSN) and completeness of the Staff aware of data. responsibilities when working with data Clear retention schedules Integrity checks maintained

All of the minimum Controls in place: Low recommended controls are in Assurance in place place relating to the retention (e.g. IGT, PSN) and disposal of the data. Policies and procedures which state / define Retention

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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schedules Policies and procedures which state / define Disposal methods and criteria

All of the minimum Controls in place: Low recommended controls are in Assurance in place place relating to subject (e.g. IGT, PSN) access requests. Clearly defined procedures in place for Subject Access Requests for individuals Clearly defined procedures in place to handle rectification and blocking of data

Policies, processes and Controls in place: Low standard operating Assurance in place procedures for the (e.g. IGT, PSN) asset/data are clearly Clearly defined defined, up­to­date, Up­to­date understandable and readily Readily available available. Understandable (in plain English) for staff to use

Incidents are reviewed Controls in place: Low appropriately. Reviewed including any root cause analysis and action plans

Users of the data are Controls in place: Low regularly trained, aware of Assurance in place their responsibilities and (e.g. IGT, PSN) understand what to do in the Users are aware of event of breach. their responsibilities when using the asset Regularly trained and tested on their understanding Understand what to do in the event of a breach or incident

The asset / data is secure, Controls in place: Low

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

Page 13 of 17 Information Sharing Agreement generated by the Information Sharing Gateway controlled and interactions Assurance in place recorded. (e.g. IGT, PSN) Secure storage (e.g. locked cabinet) Secure connection (e.g. https:) Secure access (e.g. password protected) Managed so only authorised persons can access and access routinely checked Audit trail of interactions

Business continuity Controls in place: Low arrangements are clear, Assurance in place users are aware and trained (e.g. IGT, PSN) with regular reviews and Clear business updates. continuity arrangements Users are aware of arrangements and appropriately trained Regularly reviewed and updated (at least annually)

Disaster recovery Controls in place: Low arrangements are in place Assurance in place with regular review and (e.g. IGT, PSN) testing where appropriate. Regularly reviewed and updated (at least annually) Electronic part of a disaster recovery testing regime, regularly tested

Commencement, Termination and Review

This agreement will be reviewed every 12 months post commencement unless an earlier review for policy or legislative reasons is necessary.

The start date for this agreement is:

01/08/2017

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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The scheduled review date for this agreement is:

01/08/2018

This ISA shall be effective from the start date indicated above and shall continue in force until such time as the data sharing ends, this ISA is terminated by either Party, or this ISA is replaced by a new one.

Signatories

Organisation: BLACKBURN WITH DARWEN BOROUGH COUNCIL

Signed By: Sarah Slater

Position: Senior Officer

Date: 08/08/2017

Organisation:

Signed By: Debbie Topping

Position: Senior Officer

Date: 01/09/2017

On Behalf Of: Anthony Doyle

On Behalf Of Role: Senior Officer

Organisation: BOROUGH OF PENDLE

Signed By: Wayne Forrest

Position: Senior Officer

Date: 07/08/2017

Organisation: BURNLEY BOROUGH COUNCIL

Signed By: Lukman Patel

Position: Senior Officer

Date: 05/09/2017

Organisation: CHORLEY BOROUGH COUNCIL

Signed By: Emma Marshall

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Position: Senior Officer

Date: 12/12/2017

Organisation: FYLDE BOROUGH COUNCIL, FY8 1LW

Signed By: Stephen Smith

Position: Senior Officer

Date: 05/12/2017

Organisation: Growth Lancashire Ltd, PR1 8XJ

Signed By: Steven Cochrane

Position: Senior Officer

Date: 23/08/2017

Organisation: BOROUGH COUNCIL, BB5 0PF

Signed By: Fiona Goodfellow

Position: Senior Officer

Date: 06/12/2017

Organisation: LANCASHIRE COUNTY COUNCIL

Signed By: Charlotte Hammond

Position: Senior Officer

Date: 01/08/2017

Organisation: Lancaster City Council, LA1 1PJ

Signed By: Anne Marie Harrison

Position: Information Asset Owner

Date: 01/09/2017

Organisation: PRESTON CITY COUNCIL

Signed By: Alison Brown

Position: Senior Officer

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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Date: 21/09/2017

Organisation: Borough Council

Signed By: Stuart Haworth

Position: Senior Officer

Date: 28/11/2017

Organisation: Rossendale Borough Council

Signed By: Guy Darragh

Position: Senior Officer

Date: 28/11/2017

Organisation: BOROUGH COUNCIL, PR5 1DH

Signed By: Mark Gilmore

Position: Senior Officer

Date: 05/12/2017

Organisation: Borough Council, L39 2DF

Signed By: TINA SPARROW

Position: Senior Officer

Date: 08/12/2017

Organisation: WYRE BOROUGH COUNCIL, FY6 7PU

Signed By: Joanne Billington

Position: Senior Officer

Date: 25/08/2017

This document has been produced from the ISG for reference purposes and is accurate only on the day it is produced. Please refer to the ISG for the current, definitive version.

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