26.1 For the purposes of this Clause 26:-
26.1.1 “applicable legislation and guidance” shall mean: 26.1.1.1 the Data Protection Act 1998;
26.1.1.2 the Freedom of Information Act 2000;
26.1.1.3 the Environmental Information Regulations 2004;
26.1.1.4 all statutory instruments or orders made pursuant to those Acts referred to at Clauses 26.1.1.1 and 26.1.1.2.;
26.1.1.5 all guidance and Codes of Practice issued by HM Government in respect of those Acts referred to at Clauses 26.1.1.1 and 26.1.1.2 including without limitation those with regard to information sharing;
26.1.1.6 the Caldicott Guidelines; and
26.1.1.7 the Information Governance Framework
26.1.1.8 as from time to time amended, extended, re-enacted, re-issued or consolidated whether before or after the date of this Deed. 26.1.2 “Confidential Information” shall have the meaning given to that term by
Clause 26.1.8.
26.1.3 “Party A”, “Party B” and “Request for Information” shall have the meaning given to those terms at Clause 26.3.
26.1.4 Both Partners will comply with applicable legislation and guidance in connection with each of the Partnership Arrangements.
26.1.5 The Partners will comply with the standards set out in the Information Sharing Protocol. The Partners may enter into information sharing
agreements under the Information Sharing Protocol in relation to particular services or functions covered by the Partnership Arrangements. Any such agreements will be consistent with applicable legislation and guidance. 26.1.6 The Partners will establish and keep operational and ensure that there are
kept operational:
26.1.6.1 a procedure for the provision of documentation to Clients explaining their rights to access information, the relevance of their consent, rules and limits on confidentiality, and how information about them is processed; and
26.1.6.2 such additional policies, procedures and documentation as shall be necessary in order to meet the purposes and requirements of HM Government and the Information Commissioner and of applicable legislation and guidance as they apply to the Partners and the Partnership Arrangements.
26.1.7 The Partners shall comply with the conditions and terms set out in the Information Sharing Protocol and with applicable legislation and guidance as apply to this Deed.
26.1.8 Except as required by law (including under the Freedom of Information Act 2000), each Partner agrees at all times during the continuance of a Partnership Arrangement and for seven years after its expiry or earlier termination to keep confidential and use only for the purposes of the relevant Partnership Arrangement all records which it receives or otherwise acquires in connection with the other which are confidential in nature and all those documents and papers referred to in this Clause 26.1.8 shall be described as “Confidential Information”
26.2 Each Partner acknowledges that the other Partner is subject to the requirements of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and shall assist and co-operate with it (at its own expense) to enable it to comply with such requirements.
26.3 Where one Partner (“Partner A”) receives any request under the Freedom of Information Act 2000 or Environmental Information Regulations 2004 to disclose any information received from the other Partner (“Partner B”) (“the Request for Information”), then Partner A shall:
26.3.1 provide a copy of the Request for Information, together with all such other information as Partner A considers relevant to the Request for Information to Partner B as soon as possible and, in any event, within 5 Working Days of receipt of the Request for Information by Partner A; and
26.3.2 provide Partner B with the date by which it intends to reply to the Request for Information not being sooner than 15 Working Days following the date of receipt of the Request for Information by Partner A.
26.4 Partner B shall have the right to make representations to Partner A before the end of the period indicated in Clause 26.3.2 as to whether or not or on what basis the information requested should be disclosed. Partner A shall not respond to the Request for Information prior to such date.
26.5 Partner A shall take into account all reasonable representations made by Partner B in relation to the Request for Information but Partner A shall be responsible for determining at its absolute discretion whether any information:
26.5.1 is exempt from disclosure in accordance with the provisions of the Freedom of Information Act 2000 or the Environmental Information Regulations 2004; and/or
26.5.2 is to be disclosed in response to a Request for Information.
26.6 Partner B shall in no event respond directly to a Request for Information unless expressly authorised to do so by Partner A.
26.7 Partner A shall provide to Partner B a copy of all correspondence with the third party in relation to the Request for Information as soon as reasonably practicable and in any event within 2 Working Days of its despatch or receipt by Partner A.
26.8 Each Partner acknowledges that the other Partner may acting in accordance with applicable legislation and guidance be obliged by law to disclose information:
26.8.1 without consulting the other Partner; or
26.8.2 following consultation with the other Partner and having taken its views into account.
Provided always that where this Clause 26.8 applies the Partner making such disclosure shall, in accordance with applicable legislation and guidance, draw such disclosure to the attention of the other Partner where permissible.
26.9 Each Partner shall to the extent that the law permits ensure that all information relating to this Deed is retained for disclosure and shall permit the other Partner to inspect the same as requested from time to time.
26.10 Each Partner undertakes to take appropriate technical and organisational measures and to maintain appropriate security systems for the purposes of preventing access so as to ensure no unauthorised person gains access to any Confidential Information held by either Partner.
26.11 Each Partner will promptly notify the other Partner of any breach of security in relation to Confidential Information that it becomes aware of and will keep a record of such breaches. Each Partner will use its reasonable endeavours to recover such Confidential Information however it may be recorded. Each Partner will co-operate with the other Partner in any investigation that the other Partner considers necessary as a result of any breach of security in relation to Confidential Information.