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A LAW to amend the Children and Young People (Jersey) Law 2022.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“(4)    Arrangements under this Article must include arrangements for the sharing of information between the responsible Ministers and relevant providers.

(5)     Any information shared under those arrangements must be obtained in the course of discharging functions in relation to children or young people whether those functions are conferred under any enactment, or otherwise.”;

“(6)    Arrangements for the sharing of information must not –

(a)           require the sharing of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings; or

(b)            prevent the sharing of information if that claim is waived.”;

“(4)    With regard to the arrangements referred to in paragraph (3)(e) –

(a)           any information shared under those arrangements must be –

(i)             obtained in the course of discharging functions, and

(ii)      shared for the purposes of safeguarding the welfare of children or young people; and

(b)     those arrangements must not –

(i)      require the sharing of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, or

(ii)      prevent the sharing of information if that claim is waived.”;

“ “functions” means any functions discharged in relation to children or young people whether those functions are conferred under any enactment, or otherwise;”.

“(2)    Collaboration may include –

(a)     sharing information;

(b)     providing advice or assistance;

(c)     co-ordinating activities (and seeking to prevent unnecessary duplication);

(d)     sharing responsibility for action;

(e)     funding activities jointly;

(f)      discharging functions under this Part jointly (for example, by publishing a joint plan or joint report).

(3)     Any information that is shared –

(a)     must be obtained by corporate parents in the course of discharging their functions in relation to the individuals to whom this Part applies whether those functions are conferred under any enactment, or otherwise; and

(b)     must not be information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, unless that claim is waived.

(4)     For the avoidance of doubt, paragraph (3) does not derogate from the requirements of the Data Protection Law.

(5)     Corporate parents must have regard to any guidance or code of practice published by the Minister on information sharing and data protection, and endorsed by the Data Protection Authority in the discharge of its functions under Article 11(1)(d) or (j) of the Data Protection Authority Law.”.