The UK’s supervisory authority, the Information Commissioner’s Office (ICO), published a new data sharing code of practice (Code), available here, which addresses the requirements for data sharing under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018).
Once approved by Parliament, the Code will become a statutory code of practice. Thereafter, the Code will be used by the ICO when assessing whether organisations have complied with their data protection obligations when sharing personal data. The Code applies to the sharing of personal data between controllers, as well as giving access to personal data to third parties. It does not, however, apply to data sharing with a processor, nor the disclosure of data within an organisation.
The Code contains practical guidance for controllers on how they can share data fairly and lawfully and how they can meet their accountability obligations under the GDPR and the DPA 2018. It also addresses misconceptions regarding data sharing, such as clarifying that data protection laws do not prevent data sharing (as long as the sharing is lawful, fair and proportionate) and that most data sharing does not rely on consent as the lawful basis.
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