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Animal Welfare Information Sharing Agreement

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Animal Welfare Information Sharing Agreement Final Animal Welfare Information Sharing Agreement Between Police Service of Northern Ireland and Western Region Fermanagh & Omagh District Council, (Regional Lead Council) - Derry City & Strabane District Council and Mid Ulster District Council Belfast City Council Eastern Region - Lisburn & Castlereagh City Council and Ards & North Down Borough Council Northern Region - Mid & East Antrim Borough Council, Causeway Coast & Glens Borough Council and Antrim & Newtownabbey Borough Council Southern Region - Armagh City, Banbridge & Craigavon Borough Council and Newry, Mourne & Down District Council 1 Final Document Ref: 17-144129 Purpose: The purpose of this agreement is to formalise information sharing arrangements between the listed Regional Council’s and the Police Service of Northern Ireland to further the investigation and enforcement under the Welfare of Animals Act (NI) 2011. Partners: All signatories are listed at the rear of this document. Date Agreement comes into force: Date for Review of Agreement: Agreement Lead: Agreement drawn up by: Location of the Original Agreement: 2 Final VERSION RECORD Version No Amendments Made Authorisation Vo 1 Vo 1.1 Vo 1.2 Vo 1.3 Vo 1.4 Vo 1.5 Vo 1.6 3 Final Index Section 1 Introduction Page 5 Section 2 Purpose of the Agreement Pages 6 – 9 Section 3 Key Contact Information Page 10 Section 4 Legal Basis Pages 11 – 12 Section 5 Data to be Shared Pages 13 – 14 Section 6 Security, Data Handling & Management Pages 15 – 16 Section 7 SAR, FOIA & EIR Page 17 Section 8 Breaches Page 18 Section 9 Training Page 19 Section 10 Complaints Page 20 Section 11 Retention & Review Page 21 Section 12 Withdrawal Page 22 Section 13 Signatories Pages 23 – 24 Appendix 1 Leads and Liaison Officers Page 25 Seven Golden Rules for Information Appendix 2 Page 26 Sharing Appendix 3 Glossary of Terms Page 27 Appendix 4 The Data Protection Principles Page 28 Appendix 5 Secure Handling of PSNI Data Pages 29 – 34 Request for Disclosure of Personal Appendix 6 Pages 35 – 40 Data from the PSNI 4 Final 1. Introduction 1. This Agreement is between the Police Service of Northern Ireland and Fermanagh & Omagh District Council, the latter is designated by Councils as the Regional Lead Council in relation to the enforcement of the Welfare of Animals Act (NI) 2011. 2. The Regional Lead Council has a co-ordinating role with all Councils for matters relating to this agreement and all work arising from it. The Regional Lead Council representative at official level will be the co-signatory of this Information Sharing Agreement (ISA) in conjunction with the Head of Department Legacy and Justice Branch Police Service of Northern Ireland (PSNI), when the content is agreed. 3. Sub-regional Lead Councils means the specific Councils as designated by Councils, to be the Lead Council with regards to the Welfare of Animals Act (NI) 2011. 5 Final 2. Purpose of the Agreement 1. The Lead Councils and the Police Service of Northern Ireland (PSNI) are committed to working together and when necessary, to share information that will enhance the investigation and enforcement of Animal Welfare cases that they have a statutory responsibility to conduct. 2. The purpose of this agreement is to outline the basis upon which the PSNI and the Lead Councils will share person and non-personal data for the investigation and enforcement of Animal Welfare under the Welfare of Animals Act (NI) 2011. 3. The agreement will enable the legitimate and secure sharing of personal data between Lead Councils and PSNI. It is also to enable Councils to benefit from the PSNI’s statutory support. 4. The types of support required from the PSNI in relation to cases being investigated by Lead Councils in relation to Animal Welfare include:- The protection of Animal Welfare officer in the performance of his/her functions under Welfare of Animals Act (NI) 2011. The provision of assistance in connection with the enforcement of Welfare of Animals Act (NI) 2011 e.g. or entry under warrant, seizure of animals as may be necessary to perform its functions under Welfare of Animals Act (NI) 2011. 5. The success of this agreement hinges on effective, timely information sharing and it is accepted that the organisations working separately may hold incomplete information when endeavouring to address the issues associated with the investigation and enforcement of Animal Welfare. 6 Final 6. The lead body for the development, implementation and review of this Information Sharing Agreement (ISA) is Fermanagh and Omagh District Council. 7. This Information Sharing Agreement (ISA) has been devised using guidance from the Information Commissioner’s Office (ICO) Data Sharing; Code of Practice and the seven “golden rules” for information sharing are included in this Agreement (Appendix 2). 8. The commitments of the Councils and PSNI are as follows: To only share proportionate and relevant information relating to preventing and reducing criminal activity in respect of animal welfare cases; To comply with all relevant legislation and guidance; To have notified the Information Commissioner’s Office in respect of the notification obligations under the Data Protection Act; and To seek legal advice in cases where there is any doubt as to whether information sharing is appropriate. If there is an ongoing police investigation and sharing the information would prejudice the investigation, no information will be released until proceedings have concluded. 9. The Data Protection Act 1998 regulates the processing of personal data and the following definitions are relevant:- Data - any information which: (a) Is being processed by means of equipment operating automatically in response to instructions given for that purpose. 7 Final (b) Is recorded with the intention that it should be processed by means of such equipment. (c) Is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system. (d) Does not fall within paragraph (a), (b) or (c) but forms part of an accessible record. (e) Is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d). Data controller – a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. Data subject – an individual who is the subject of personal data; Personal data – data which relates to a living individual who can be identified: (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. Processing of data – in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including: (a) Organisation, adaptation or alteration of the information or data, (b) Retrieval, consultation or use of the information or data, (c) Disclosure of the information or data by transmission, dissemination or otherwise making available, or (d) Alignment, combination, blocking, erasure or destruction of the information or data. 8 Final Sensitive personal data – consisting of: (a) The racial or ethnic origin of the data subject. (b) His political opinions. (c) His religious beliefs or other beliefs of a similar nature. (d) Whether he is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992). (e) His physical or mental health or condition. (f) His sexual life. (g) The commission or alleged commission by him of any offence, or (h) Any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings. 9 Final 3. Key Contact Information Western Area Animal Welfare Service – Fermanagh & Omagh District Council, Derry City & Strabane District Council, Mid Ulster District Council. Telephone: 028 8225 6226 Email: [email protected] Belfast City Council Animal Welfare Service Telephone: 028 9027 0431 Email: [email protected] Eastern Region Animal Welfare Service –Lisburn & Castlereagh City Council, Ards & North Down Borough Council Telephone: 028 9049 4567 Email: [email protected] Northern Region Animal Welfare Service – Mid & East Antrim Borough Council, Causeway Coast & Glens Borough Council, Antrim & Newtownabbey Borough Council Telephone: 028 2563 3134 Email: [email protected] Southern Region Animal Welfare Service -– Armagh City, Banbridge & Craigavon Borough Council, Newry Mourne & Down District Council Telephone: 028 3751 5800 Email: [email protected] PSNI: Inspector Urban OCMT, Telephone 101 Extension 25236 Email: [email protected] 10 Final 4. Legal Basis for Data Sharing 1. The legal gateways for information sharing are as follows: Data Protection Act 1998. The Data Protection (processing of Sensitive Personal Data) Order 2000 Section 1(1). Common Law. Welfare of Animals Act 2011; Police (NI) Act 2000 and Information Commissioner’s Office (ICO) Data Sharing Code of Practice. 2. The conditions contained within the schedules of the Data Protection Act 1998 for the purposes of information sharing within this agreement are as follows:
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