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This publication is available at https://www.gov.uk/government/publications/human-trafficking-victims-referral-and-assessment-forms/privacy-information-notice-national-referral-mechanism
Your personal information, supplied for the purposes of making a decision under the National Referral Mechanism (NRM) about where you are or are not a victim of modern slavery, will be held and processed by the Home Office, 2 Marsham Street, London, SW1P 4D. The Home Office is the controller of this information. This also includes when it is collected or processed by 3rd parties on our behalf.
The department’s data protection officer can be contacted at:
1. How and why the department uses your information
The UK government signed the Council of Europe Convention on Action against Trafficking in Human Beings (’the Convention’) on 23 March 2007. The convention was ratified by the UK on 17 December 2008, and came into force on 1 April 2009. The UK is compliant with its international obligations through the creation of the UK’s NRM, the system for identifying and supporting victims of modern slavery, which was established in 2009.
The Home Office in its capacity as the competent authority, under the Convention, is responsible for identifying and supporting victims of modern slavery, in addition to detecting and preventing the commission of modern slavery offences.
The Home Office collects, processes and shares personal information to establish whether a person is a victim of modern slavery (if they are identified in England and Wales) or a victim of human trafficking (if they are identified in Scotland) or a victim of human trafficking or modern slavery (if they are identified in Northern Ireland). The NRM includes 2 decisions points:
A reasonable grounds decision, which decides whether there are reasonable grounds to believe an individual is a potential victim
A conclusive grounds decision, which decides whether ‘on the balance of probabilities’ there is sufficient information to believe an individual is a victim
The legal basis for the Home Office’s processing of your data is set out at Article 6(1)(e) of the General Data Protection Regulations (GDPR) that is, that the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In addition, the Home Office processes certain special categories of data. The legal basis for the Home Office’s processing of special categories of your data is set out at Article 9(2)(g) of the GDPR that is, that the processing is necessary for reasons of substantial public interest.
The special categories of data may include:
- racial or ethnic origin
- religious or philosophical beliefs
- biometric data for the purpose of uniquely identifying a natural person
- data concerning health
- data concerning a natural person’s sex life or sexual orientation
The Home Office may share your information with other organisations and government departments in the course of carrying out our functions, or to enable others to perform theirs functions.
This may include:
- law enforcement agencies, including the police, National Crime Agency and Gangmasters Labour Abuse Authority for the detection and prevention of modern slavery offences
- organisations that carry out a modern slavery data gathering and analysis function, such as the National Crime Agency and analysis teams within the Home Office;
- other business areas within the Home Office and the devolved administrations to support and assist victims of modern slavery
- international partners such as other governments and embassies to detect, prevent and prosecute modern slavery offences
- the Department for Work and Pensions, in the event of a grant of discretionary leave to remain, in order to obtain a National Insurance Number on behalf of the individual confirmed as a victim of modern slavery
This paragraph is only relevant to adult potential victims of modern slavery that wish to receive government-funded support and assistance through the NRM. The Home Office will share your information, collected through the NRM referral form, with the organisation providing support via the holder of the Adult Victims of Modern Slavery Care and Coordination Contract in England or Wales, or with the relevant support organisation in Scotland or Northern Ireland. This will assist in the provision of appropriate support and assistance.
This paragraph is only relevant to child potential victims of modern slavery. The personal information, collected through the NRM referral form, will be shared with the relevant local authority or Health and Social Care Trust responsible for supporting that child. This will assist in the provision of appropriate support and assistance.
2. Storing your information
Your personal information will be held for as long as necessary for the purpose for which it is being processed and in line with departmental retention policy.
3. Sources and categories of information
The Home Office may access data and categories of data in their capacity as a competent authority in the NRM.
This includes the information received from the first responder in the referral form and may also include accessing other Home Office databases, law enforcement databases and support provider databases.
The following categories of information may be collected:
- personal information, including but not limited to the potential victims, name, date of birth, sex or gender, nationality, address
- characteristics, including but not limited to languages spoken, dependents, criminal records and immigration status
- details of the potential victim’s exploitation, this may include but not limited to the type of exploitation, location of recruitment or exploitation and method of recruitment
4. Requesting access to your personal data
You have the right to request access to the personal information the Home Office holds about you.
5. Other rights
In certain circumstances you have the right to:
- object to and restrict the use of your personal information, or to ask to have your information deleted, or corrected
- where you have explicitly consented to the use of your personal information, the right to withdraw your consent to the processing of your information
You can read more information in the personal information charter.
6. Questions or concerns about personal data
You have the right to complain to the Information Commissioner’s Office about the way the Home Office is handling your personal information. You can read more information on how to do this on the Information Commissioners Office website.