Guidance

Privacy information notice: national referral mechanism (accessible version)

Updated 21 September 2023

Summary

How we use your information

• The SCA is one of the competent authorities responsible for the National Referral Mechanism process, which identifies and supports potential and confirmed victims of modern slavery.
• We will use your personal information to decide whether or not you are a victim of modern slavery.
• We will use your personal information to make sure you are provided with appropriate support or have the opportunity for support.
• We may contact you directly (if you are an adult) or via your representative to request further information about your case or support needs.

How we share your information

• We will only share your information when it is legal to do so and will only keep it for as long as necessary.
• You have the right to be told if we hold any personal information about you. If we do, you are entitled to request a copy. There are times that we may have to restrict the information we provide you.
• We may pass your personal information to other teams within the Home Office and other organisations that are involved in your case or your support.
• We may pass your personal information to other teams within the Home Office or other Government departments so that they can carry out their functions.

Our commitment to you

• We will do everything we can to make sure that your personal information is recorded accurately and stored securely.
• We will provide clear information about how and why we process your information, helping you understand how it is used.
• We will only gather the information that is necessary for carrying out our responsibilities and will make sure that we only keep it for as long as it is needed.
• We will only share information with others where the law allows this, and we will only provide the information needed.

1. How we protect your personal information

We have a duty to safeguard and ensure the security of your personal information. We do that by having systems and policies in place to limit access to your information and prevent unauthorised disclosure. Staff who access personal information must have appropriate security clearance and a business need for accessing the information, and their activity is subject to audit and review.

2. The Single Competent Authority

The Single Competent Authority is often shortened to the SCA. The SCA is part of the Home Office, and is one of the competent authorities who identify and support potential and confirmed victims of modern slavery through the National Referral Mechanism (NRM).

The SCA gathers information from inside the Home Office and from other external organisations to decide if a person is a victim of modern slavery.

Where an individual asks for support, the SCA will provide support for adult potential and confirmed victims of modern slavery in England and Wales through the Modern Slavery Victim Care Contract (MSVCC) held by The Salvation Army (TSA).

If you are under the age of 18, we will share your information with organisations that need it to provide you support. For more information see section 7 below.

If you live in Scotland or Northern Ireland and you ask for support, the SCA will share your information with other organisations who will provide you with the appropriate support you need. For more information see section 6 below.

All information sent to the SCA or those that process data on our behalf will be governed by the Home Office as data controllers.

Immigration Enforcement Competent Authority (IECA)

If your case falls within the IECA cohort (the letters you receive will be from IECA) then your referral and personal information will come into and be processed by the SCA. However your information will then be passed to IECA (which is another competent authority within the Home Office) who will decide whether or not you are a victim of modern slavery and the Borders, Immigration and Citizenship privacy information notice will apply.

3. Legal Basis for Data Processing

The SCA is part of the Home Office. This means that the Home Office is the data controller of your data that is sent to the SCA or collected on our behalf.

Preventing modern slavery and supporting people who have been affected by it is an important priority for the UK. We will process your data to decide if you are a victim of modern slavery and to make sure you have support if you need it and want it.

Legal basis

There must be a reason in law for your data to be processed.

The Home Office has a legal responsibility to identify and support victims of modern slavery because of a Convention (Council of Europe Convention on Action against Trafficking in Human Beings) that became law on 1 April 2009.

The Home Office will process your personal data because it 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 (Article 6 (1)(e) of the UK General data protection regulations – UKGDPR). The Home Office may also process your data if it is necessary in order to protect your vital interests or those of another person (Article 6 (1)(d) UKGDPR).

We process your special category data where it is necessary for reasons of substantial public interest (Article 9(2)(g) UKGDPR).

Personal data

Personal data is information specifically about you that can be used to identify you. Below is a list of the personal data we may process about you.

• Name
• Date of birth
• Nationality
• Gender
• Contact details
• Reference numbers from within and outside the Home Office

Special category data

Special category data is personal information about you, but it is likely to be more sensitive than the personal data mentioned in the list above. Below is a list of the special category data we may process about you:

• Racial or ethnic origin
• Religious and other beliefs
• Biometric data for identifying you (e.g. fingerprints)
• Health or medical information
• Sexual orientation
• Sex life (including sexual history, history of sexual abuse, mistreatment and/or exploitation)
• Criminal offence data – information relating to
  • Criminal activity
  • Allegations
  • Investigations
  • Proceedings

4. How your data is collected, used and stored

The information we hold about you will be gathered from both you and any organisations that are involved in your case or support such as:

• First Responder Organisation
• Support Organisation
• Police, law enforcement agencies or National Crime Agency
• Local Authorities
• Independent Child Trafficking Guardians (ICTGs)
• Scottish Guardianship Service
• Independent Guardian Service (Northern Ireland)
• Other Home Office departments
• Other Government departments
• Your legal representative (with your permission)
• Your non-legal appointed representative (with your permission)
• Credit reference agencies
• International partners such as other governments and embassies

These organisations, and others depending on who is involved in your case, will share necessary information with us so that we can carry out our responsibilities. Your information may be used to:

• Decide if you are a victim of modern slavery
• Decide if you need discretionary leave to remain in the UK, relating to your experience of modern slavery
• Provide you with appropriate support through the MSVCC
• Ensure other organisations have the appropriate information to provide you with support
• Ensure that you, your dependants and the general public are safeguarded
• Detect, prevent and prosecute modern slavery offences
• Comply with obligations related to legal proceedings
• Inform modern slavery policy making
• Ensure our staff are sufficiently trained
• Verify your contact and bank account details

The Home Office may also share your information with other organisations and government departments where it is necessary in the course of carrying out our functions, or necessary to enable others to perform their functions.

Your information will be stored on secure Home Office approved servers either in the United Kingdom or a country in the European Economic Area (EEA) that is subject to GDPR.

Your information will be retained for 15 years from the date of the last action on your case. We have assessed this period to be necessary to carry out our responsibilities to identify and support victims of modern slavery, as well as to detect and prevent modern slavery.

To find out how long we keep other records, such as corporate documents and information requests, please see What to keep: Home Office guide to managing information.

Your information that is passed onto Home Office teams or other organisations will be held by them in line with their data retention and deletion policies.

5. Support in England and Wales

This section is only relevant to adults in England and Wales, and their dependants, who have requested support through the MSVCC.

The Salvation Army provides support, if it is asked for, to adults and their dependants in England and Wales who are potential or confirmed victims of modern slavery with support needs. If you ask for support The Salvation Army will collect and process your information on our behalf, for reasons set out by us. The support is provided through the Modern Slavery Victim Care Contract (MSVCC).

The Home Office are data controllers and The Salvation Army are data processors of all this information.

The Salvation Army use many organisations as sub-processors, who will collect and process your and your dependant’s information on The Salvation Army’s behalf.

These organisations include:

• Support organisations
  • Ashiana, B.A.W.S.O, BCHA, Black Country Women’s Aid, Causeway Charitable Services, Hestia, Medaille Trust, Migrant Help, Saint John of God Hospitaller Services, Palm Cove Society, Unseen UK, Snowdrop Project
• Call Centre Services
  • Connect Assist
• Transport Services
  • CMAC Group
  • 365 Response
• Interpretation and Translation Services
  • The Big Word
  • Clear Voice

All organisations used by The Salvation Army as sub-processors to collect and process your own and your dependant’s data are approved by the Home Office.

The Salvation Army and their sub-processors will collect and process your data and your dependant’s data to help you with tailored support to meet your needs. Examples of this support are:

• Accommodation
• Physical and mental wellbeing
• NRM decision service
• Financial aid and advice
• Practical help and guidance
• Help with transport
• Planning for your future
• Cultural and spiritual needs
• Interpretation and translation services
• Education support for dependent children
• Legal aid signposting

To ensure you are provided with appropriate support, The Salvation Army and its sub processors will make detailed records of any information relating to your case that they think might be relevant to the provision of support. This may include information you share with your legal representative. You have the right to speak with your legal representative privately: if you wish to speak to your legal representative privately, please inform the person offering you support.

Your own and your dependants’ information will be shared with the SCA or other Home Office departments if it is considered necessary for your support, to meet our legal obligations or for ensuring that the MSVCC is fulfilled.

To provide support, The Salvation Army and their sub-processors may also need to share necessary information with private, public and charitable organisations, such as:

• National Health Service and other health providers
• Police
• Local Authorities

Your data may be used to assess the support services we are providing and improve them.

Your information may also be shared with other Home Office teams or other Government Departments to enable us to carry out our responsibilities or enable them to carry out theirs.

The Home Office use the Care Quality Commission (CQC) to independently asses the service you are provided through the MSVCC. CQC are independent regulators of health and social care in England and Wales. Your information that is collected by The Salvation Army and their sub-processors may be transferred to CQC who will then use that information to ensure that appropriate support is being provided. CQC may also collect data directly from service users through interviews or surveys which will be used to assess quality of support.

The Care Quality Commission are data processors of this information and the Home Office are data controllers. This means the Care Quality Commission will process your information for purposes set out by the Home Office.

You can find out more about your information rights in section 8 of this document. If you wish to request access to your information that is held and processed by The Salvation Army on behalf of the Home Office you can do so by contacting mstsar@salvationarmy.org.uk.

6. Support in Scotland and Northern Ireland

This section is relevant to potential and confirmed victims who live in Scotland and Northern Ireland.

Scotland

Under The Human Trafficking and Exploitation (Scotland) Act 2015, the Scottish Government will provide you with support if there are reasonable grounds to suspect that you are a victim of modern slavery, i.e. you have received a positive reasonable grounds decision, and you have asked for support.

This support is provided by the following organisations on behalf of the Scottish Government:

• The TARA Service: Trafficking Awareness Raising Alliance (solely for female victims of sexual exploitation)
• Migrant Help in Scotland If you ask for support from the Scottish Government, we will share your information with these organisations.

Northern Ireland

Under The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 the Department of Justice in Northern Ireland will provide you with support if you are a potential or confirmed victim of modern slavery and you ask for support.

This support is provided by the following organisations on behalf of the Department of Justice:

• Migrant Help in Northern Ireland (male victims and females who are not victims of sexual exploitation or domestic servitude)
• Belfast & Lisburn Women’s Aid (female victims of sexual exploitation or domestic servitude except mixed sex couples who are victims of Labour exploitation)

If you ask for support, then we will share your information with these organisations.

7. Support for Children

This section is relevant to potential and confirmed victims of modern slavery under the age of 18.

If you are under the age of 18 your information will be shared with your Local Authority who have the responsibility to ensure that you are appropriately supported and safeguarded.

Your information will also be shared with your Independent Child Trafficking Guardian (ICTG), if available in the area, who will act in your best interests and represent you where appropriate.

8. Your data rights

Under data protection legislation you have the following rights:

• Your right of access - You have the right to ask us for copies of your personal information.
• Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing - You have the the right to object to the processing of your personal information in certain circumstances.
• Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

This link will explain how to request access to your personal information.

You can find out more detail on how to exercise your information rights and contact details for this in the Home Office personal information charter.

If you have any questions or concerns about your personal data, you have the right to contact the Home Office’s Data Protection Officer:

Email dpo@homeoffice.gov.uk

Telephone 020 7035 6999

Or write to:

Office of the DPO
Home Office
Peel Building
2 Marsham Street
London
SW1P 4DF

You also have the right to complain to the Information Commissioner’s Office about the way the Home Office is handling your personal information. You can contact the Information Commissioner’s Office at:

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

• Telephone: 08456 30 60 60 or 01625 54 57 45
• Fax: 01625 524510

You can also visit the website of the Information Commissioner’s Office.