Information Governance Management Framework

Last updated on: 07-Sep-2021

9. Further information

This framework and the supporting standards will be monitored and reviewed annually in line with legislation and codes of best practice. This policy is reviewed by the Information Governance Team, Gun Wharf, Chatham, Kent, ME4 4TR

graveshamfreedom@medway.gov.uk

External legislation

General Data Protection Regulation

Data Protection Act 2018

Human Rights Act 1998

Freedom of Information Act 2000

Environmental Information Regulations 2004

Privacy and Electronic Communications Regulations

Local Government Acts

Computer Misuse Act 1990

Common Law

Duty of Confidentiality

This is not a written Act of Parliament. It is “common” law. This means that it has been established over a period of time through the Courts.

It recognises that some information has a quality of confidence, which means that the individual or organisation that provided the information has an expectation that it will not be shared with or disclosed to others.

For information to have a quality of confidence it is generally accepted that it:

  • is not “trivial” in its nature
  • is not in the public domain or easily available from another source
  • has a degree of sensitivity
  • has been communicated for a limited purpose and in circumstances where the individual or organisation is likely to assume an obligation of confidence. For example information shared between a social worker/client, health practitioner/patient, etc.

However, as with the Human Rights Act, confidentiality is a qualified right. The Council is able to override a duty of confidence when it is required by law, or if it is in the public interest to do so.

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