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Guernsey: ODPA publishes guidance on data sharing

On March 8, 2024, the Office of the Data Protection Authority (ODPA) published guidance on data sharing, following observations that data protection is sometimes seen as a blocker to sharing information about a child who may need help. In particular, the guidance outlines some key ideas to remember about data sharing, including:

  • the role of the controller and processor;
  • types of data sharing;
  • data sharing principles; and
  • sharing data outside of the Bailiwick of Guernsey.

The guidance also provides general points to bear in mind in advance of sharing personal data, namely that before sharing personal data, controller(s) should ensure that:

  • there is a valid reason for the sharing to take place;
  • if you are relying on consent as the legal basis for sharing personal data, you have obtained specific, informed, and freely given consent from the individual(s) concerned;
  • the category or categories of personal data to be shared are clearly defined;
  • the roles and responsibilities of the controller(s) and processor(s) are clearly defined;
  • consideration has been given as to how to share the minimum amount of personal data necessary to achieve the purpose;
  • the sharing is done as securely as appropriate for the data involved;
  • the sharing is for the minimum time necessary, and it is clear what happens to the data at the end of the data sharing agreement; and
  • the sharing has been documented, and, where appropriate, the individuals have been made aware that their data is being shared.

Furthermore, the guidance highlights that a data-sharing agreement should have policies and procedures that allow data subjects to exercise their rights easily.

You can read the press release here and download the guidance here.