Privacy Waiver Form Template for England and Wales

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Key Requirements PROMPT example:

Privacy Waiver Form

"I need a Privacy Waiver Form for our medical research facility in London that allows us to collect and process patient health data for a clinical trial starting in March 2025, with specific provisions for sharing anonymized data with our research partners in Germany."

Document background

The Privacy Waiver Form is essential when organizations need explicit consent to process personal data beyond standard privacy policy provisions. This document, governed by English and Welsh law, provides legal protection for both the data controller and the data subject, ensuring compliance with UK GDPR and Data Protection Act 2018. The form typically includes detailed information about data processing activities, retention periods, and the specific rights being waived. It's particularly crucial in situations involving sensitive personal data, research purposes, or when sharing information with third parties.

Suggested Sections

1. Personal Information: Details of the individual providing the waiver including full name, contact information, and any relevant identification

2. Scope of Waiver: Detailed description of specific privacy rights being waived and the extent of the waiver under UK GDPR and DPA 2018

3. Purpose: Clear statement of the specific purposes for which the waiver is needed and how the personal information will be used

4. Duration: Time period for which the waiver is valid, including start and end dates if applicable

5. Rights Retained: Statement of privacy rights that are not being waived and confirmation of rights retained under UK GDPR

Optional Sections

1. Third Party Disclosure: Details of how and when personal information may be shared with third parties, including safeguards and restrictions

2. International Transfer: Provisions regarding the transfer of personal data outside the UK, including details of adequate safeguards

3. Special Category Data: Specific provisions for processing sensitive personal data such as health information, biometric data, or other special category data

Suggested Schedules

1. Schedule A - Data Processing Activities: Comprehensive list of all data processing activities covered by the waiver

2. Schedule B - Third Party Recipients: Detailed list of organizations or individuals with whom the personal data may be shared

3. Schedule C - Security Measures: Description of technical and organizational measures implemented to protect the personal data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Relevant Teams

Relevant Roles

Industries

UK GDPR: Primary legislation governing data protection in the UK post-Brexit, setting out fundamental principles for personal data processing, consent requirements, and data subject rights

Data Protection Act 2018: The UK's implementation of data protection laws, complementing and supplementing the UK GDPR with specific national requirements

PECR 2003: Privacy and Electronic Communications Regulations governing electronic communications, including rules on cookies, marketing, and communication privacy

Human Rights Act 1998: Legislation incorporating European Convention rights into UK law, particularly Article 8 regarding the right to privacy

Common Law Duty of Confidentiality: Legal principle requiring information shared in confidence to be kept confidential, derived from case law and professional obligations

Freedom of Information Act 2000: Legislation governing public access to information held by public authorities, relevant when privacy waivers involve public bodies

ICO Guidelines: Regulatory guidance and requirements from the Information Commissioner's Office, the UK's data protection authority

Explicit Consent Requirements: GDPR requirement for clear, specific, informed, and unambiguous indication of agreement to data processing

Data Subject Rights: Rights granted to individuals under data protection law, including access, rectification, erasure, and data portability

Purpose Limitation: Legal principle requiring personal data to be collected for specified, explicit, and legitimate purposes

Data Minimization: Principle requiring data collection and processing to be limited to what is necessary for the specified purpose

Storage Limitation: Requirement to keep personal data for no longer than necessary for the purposes for which it is processed

Data Security Measures: Technical and organizational measures required to ensure appropriate security of personal data

International Data Transfers: Rules and requirements governing the transfer of personal data outside the UK, including adequate safeguards and transfer mechanisms

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Authors

Alex Denne

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