The HSE must have a data-sharing agreement in place before sharing personal information with another organisation, and create one if it doesn’t exist.
Data Sharing Agreement (DSA) templates
The HSE Data Protection Office has 2 standard DSA templates to share data safely and legally.
These templates are for sharing personal data between organisations that each decide how and why the data is used (called Controllers under EU and Irish law).
Each template comes with guidance on when and how to use it. It is important to read the guidance before using a DSA template.
Independent Controller template
When to use: when 2 organisations each act as independent controllers - meaning each organisation separately decides why and how data is shared.
Guidance: for instructions on using this template, see the Data Sharing Agreement (Independent Controller) Guidance Document (PDF, 445 KB, 6 pages).
Agreement: Data Sharing Agreement (Independent Controller) (Word, 72 KB, 21 pages)
Joint Controller template
When to use: when 2 or more organisations share personal data as joint controllers - meaning they work together to decide why and how the data will be used and shared.
Guidance: for instructions on using this template, see the Data Sharing Agreement (Joint Controller) Guidance Document (PDF, 445 KB, 6 pages)
Agreement: Data Sharing Agreement (Joint Controller) (Word, 84 KB, 22 pages)
Section 38 and Section 39 agencies
For data sharing between the HSE and Section 38 or Section 39 agencies under a service level agreement, use the following data sharing terms:
Section 38 Documentation - HSE.ie
Section 39 Documentation - HSE.ie
If the data being shared with a Section 38 or 39 agency is outside the scope of the service level agreement, you may use the DSA templates.
Notice
These templates and guidance documents are not legal advice and do not replace your responsibility as a controller to follow data protection law. The HSE accepts no liability for how these templates are used.
If you are unsure whether a DSA template is suitable for your data sharing arrangement, or if you have any questions about the templates, email dpo@hse.ie.
Contact
Email: dpo@hse.ie