Criminal Law (Sexual Offences and Human Trafficking) Act 2024
|
Sharing of information | ||
|
30. (1) This section applies where— | ||
(a) an application is referred under section 28 (4) to the operational committee, | ||
(b) an applicant makes a request under section 28 (8), or | ||
(c) an applicant makes an appeal. | ||
(2) A competent authority may share relevant information (including personal data within the meaning of the Data Protection Regulation) with— | ||
(a) another competent authority, | ||
(b) a trusted partner, or | ||
(c) the operational committee, | ||
for the purpose of the performance of the functions of the competent authority, the other competent authority, the trusted partner or the operational committee, where to do so is in accordance with the law and to the extent that it is necessary and proportionate for the purpose. | ||
(3) A trusted partner may share relevant information (including personal data within the meaning of the Data Protection Regulation) with— | ||
(a) a competent authority, | ||
(b) another trusted partner, or | ||
(c) the operational committee, | ||
for the purpose of the performance of the functions of the trusted partner, the other trusted partner, the competent authority or the operational committee, where to do so is in accordance with the law and to the extent that it is necessary and proportionate for the purpose. | ||
(4) The operational committee may share relevant information (including personal data within the meaning of the Data Protection Regulation) with— | ||
(a) a competent authority, | ||
(b) a trusted partner, or | ||
(c) an appeals officer, | ||
for the purpose of the performance of the functions of the competent authority, the trusted partner or the appeals officer, where to do so is in accordance with the law and to the extent that it is necessary and proportionate for the purpose. | ||
(5) Relevant information relating to an applicant may be shared under this section only— | ||
(a) in a case in which the applicant is a child— | ||
(i) where a parent of the child consents to such sharing, | ||
(ii) in the case of a child who does not have a parent or where a parent of the child cannot be identified or located, where the Child and Family Agency consents to such sharing, or | ||
(iii) in a case of a suitable person making an application on behalf of the child under section 27 (4)(a)(iii), where the suitable person consents to such sharing, | ||
(b) in a case in which an application is made on behalf of a person under section 27 (4)(b)— | ||
(i) subject to subparagraph (ii), where the applicant consents to such sharing, or | ||
(ii) in a case in which the applicant is unable to consent to such sharing by reason of being a relevant person, where a person duly appointed or authorised to act on his or her behalf consents to such sharing, | ||
or | ||
(c) in any other case, where the applicant consents to such sharing. | ||
(6) Information in relation to an applicant that is shared by a competent authority, a trusted partner or the operational committee under this section shall not be disclosed to any other person or body. | ||
(7) This section is without prejudice to any obligation or power to provide information under any other enactment or rule of law. | ||
(8) In this section— | ||
“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); | ||
“relevant information”, in relation to an applicant, includes— | ||
(a) an application relating to him or her, | ||
(b) information provided pursuant to a request under section 29 (7), | ||
(c) information relating to the arrival of the applicant in the State, | ||
(d) information relating to— | ||
(i) the investigation of an offence to which the applicant is, or is likely to be, connected, or | ||
(ii) criminal proceedings to which the applicant is, or is likely to be, a party or in which the applicant may be a witness, | ||
and | ||
(e) any other information that the person who holds the information considers could assist a competent authority, a trusted partner, the operational committee or an appeals officer, as the case may be, in the performance of its functions under this Part in respect of the applicant. | ||