The Fundraising Regulator and Information Commissioner’s Office have drawn up a Memorandum of Understanding (MOU) that sets out how the two will work together in terms of regulatory co-operation and information sharing.
The MOU states that, subject to any legal restrictions on the disclosure of information, both parties will alert the other to any relevant or potential breaches found while undertaking their duties, provide relevant supporting information and keep each other updated with the progress of these cases.
Both parties will also communicate regularly (at least six monthly) to discuss matters of mutual interest, consult one another on any issues that might have significant implications for the other organisation, and notify one another of the outcome of a case before it is made public, if it is a case in which the other body has an interest.
They will also share confidential internal guidance and draft external guidance that is relevant to the functions of both bodies.
In addition, both may share confidential information to facilitate the carrying out of any required function of the Fundraising Regulator, or a statutory function of the Commissioner, subject to any disclosure restrictions applicable to the Fundraising Regulator.
Where a request for information is received by either party under the Data Protection Act or Freedom of Information Act (FOIA), the two may consult as described in the FOIA section 45 Code of Practice, but the decision over whether to share information remains with the receiver of the request.
The MOU was signed earlier this month by Elizabeth Denham, and Stephen Dunmore and is available in full on the ICO site.
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