Small Numbers Terms and Conditions
Template Version: 1.0
Document Version: 1.1
Date: 16 February 2009
The Health and Social Care Information Centre
Addendum to the Standard Terms and Conditions for the Use and Re-Use of Public Sector Information
Small Numbers Special Terms and Conditions
SPECIAL ADDITIONAL TERMS AND CONDITIONS FOR THE USE & RE-USE OF PUBLIC SECTOR INFORMATION
1 PURPOSE & SCOPE OF THESE SPECIAL TERMS AND CONDITIONS 3
2 DEFINITIONS 3
3 MANAGING THE PRESENTATION OF SMALL NUMBERS 3
4 GOVERNING LAW 4
5 FURTHER INFORMATION 4
1 PURPOSE & SCOPE OF THESE SPECIAL TERMS AND CONDITIONS
1.1 This document sets out additional Special Terms and Conditions for the use and re-use of information held by the Health and Social Care Information Centre (The NHS IC).
1.2 These Terms and Conditions enable The NHS IC to fulfil it’s obligations under the Code of Practice for Official Statistics, principle 5: Confidentiality.
1.3 Together these Special Conditions along with the Standard Terms and Conditions for the Use and Re-Use of Public Sector Information and any written contract which incorporates them (containing the commercial details of The NHS IC’s information assets licensed and applicable Charges, payment and other commercial terms), shall constitute The NHS IC Data Use / Re-Use Agreement signed between The NHS IC and the Information Asset User. A signed Agreement provides the information asset user with a licence to use/re-use a given information asset for a defined period of time.
2 DEFINITIONS
Unless otherwise specified below, the terms used in this document shall have the meaning as set out in section 2 of the Standard Terms and Conditions for the Use and Re-Use of Public Sector Information.
2.1 “Confidential Data” has the same meaning as “Personal Data” and visa-versa
2.2 “Information Asset User” has the same meaning as Licensee and visa-versa
2.3 “Material” has the same meaning as section 3 of the Data Sharing and Re-Use Agreement.
2.4 “Personal Data” has the meaning given by the Information Commissioners Office[1]
2.5 “Presentation” means any method, tool, application, media or function capable of delivering the material to the user or general public.
2.6 “Receiving Organisation” means any organisation able to access or view the material.
2.7 “Small Number Threshold” means any single data point, cell or figure whose numerical value is 6.
3 MANAGING THE PRESENTATION OF SMALL NUMBERS
3.1 The material which the NHS IC releases to the Licensee under these special terms and conditions will be treated by both parties as Personal Data.
3.2 Consequently the Licensee’s use / re-use request has been reviewed by the NHS IC. In accordance with the findings of this review, the risk of a breach of confidentiality arising from the NHS IC’s release of this material, and any subsequent publication or presentation of this material by the Licensee, has been classified as high risk.
3.3 To mitigate the risk of a breach of confidentiality, release of this material by the NHS IC to the Licensee is subject to the following special conditions;
3.3.1 The Presentation must not contain, or permit the display of, or allow drill down to, the unsuppressed version of any cell with a value less than the Small Number Threshold EXCEPT where; the Licensee has provided to the NHS IC, written confirmation that it has obtained from the Receiving Organisation’s Caldicott Guardian written authorisation to allow specific and named individuals to access the unsuppressed values for cells of data originating from its own organisation.
3.3.2 The Licensee will maintain a register of all authorised specific individuals with access to Small Numbers which, from time to time the NHS IC may require to inspect.
4 GOVERNING LAW
4.1 This licence shall be governed by and constructed in accordance with English Law and each party agrees to submit to the exclusive jurisdiction of the English Courts.
5 FURTHER INFORMATION
5.1 For any queries relating to this licence or The NHS ICs policies regarding the Re-Use of Public Sector Information, please contact:
The Information Centre for Health & Social Care
Information Governance Team
1 Trevelyan Square
Boar Lane
Leeds
LS1 6AE.
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[1] http://www.ico.gov.uk/upload/documents/determining_what_is_personal_data/whatispersonaldata2.htm