Data Sharing and Governance Act 2019
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Review of data-sharing agreement | ||
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57. (1) The Board shall review the documentation submitted under section 56 (1) and the additional information, if any, provided under section 56 (2). | ||
(2) The Board shall have regard to the following matters when carrying out a review under this section: | ||
(a) the extent to which the proposed agreement concerned complies with this Act; | ||
(b) the extent to which the proposed agreement concerned reflects the model agreement, if any, prepared or revised under section 66 (1) for the purpose of the enactment in connection with which the proposed agreement is to be entered into; | ||
(c) whether compliance by the proposed parties with the terms of the proposed agreement concerned would result in a contravention of data protection law; | ||
(d) where a data protection impact assessment has been carried out in relation to the processing proposed to be undertaken under the proposed agreement concerned, the summary of the matters referred to in Article 35(7) of the General Data Protection Regulation submitted in accordance with section 56 (1)(b); | ||
(e) the extent to which the proposed agreement concerned complies with the orders and regulations, if any, made under this Act; | ||
(f) the provisions of the proposed agreement concerned relating to the security measures to apply to the transmission, storage and accessing of personal data; | ||
(g) the submissions, if any, made in response to the invitation referred to in section 55 (1)(e)(iii); | ||
(h) whether, in the opinion of the Board, the proposed agreement concerned is in the public interest. | ||
(3) The Board may, when carrying out a review under this section, consult with the Ministers of the Government, if any, in whom functions relating to the proposed parties to the proposed agreement concerned are vested and such other person as the Board considers appropriate having regard to the subject matter of the proposed agreement concerned. | ||
(4) The Board shall notify the designated lead agency concerned following completion of the Board’s review under this section. | ||
(5) A notification under subsection (4) shall— | ||
(a) specify the recommendations, if any, of the Board as regards amendments to the proposed agreement concerned, | ||
(b) where the Board is of the view that its recommendations concern substantive issues, state that the proposed agreement is to be submitted to the Board following amendment for further review under this section. | ||
(6) The proposed parties to the proposed agreement concerned shall take account of the recommendations, if any, notified to the designated lead agency under subsection (4) and amend the proposed agreement accordingly. |