Request regarding Data sharing of Personal Data with the UK Home Office for Immigration Purposes.

Sophia made this Rhyddid Gwybodaeth request to South Ayrshire Council as part of a batch sent to 43 authorities

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn rhannol lwyddiannus.

To whom it may concern, 

Freedom of Information Request regarding Data sharing of Personal Data with the UK Home Office for Immigration Purposes.

I am writing to request information (under the Freedom of Information Act 2000) regarding data sharing of personal data between your agency and the UK Home Office during the period of 25 May 2018 to the present.

More specifically, I would be interested in:

1. Whether your agency has entered any formal agreements or memoranda of understanding (MOU) with the UK Home Office governing the circumstances in which you would share personal data of individuals for immigration enforcement? If so, please provide a copy of the agreement or MOU.
2. Whether your agency has an internal policy or guidelines outlining the duties of your agency regarding data sharing with the UK Home Office, and the processes for responding to a request from the UK Home Office to share personal data that you hold. If so, please share the policy document or guidelines.
3. Has your agency ever shared personal data of individuals with the UK Home Office? If so, please indicate the number of incidents, and whether data sharing occurred with or without individual consent, divided if possible into calendar or fiscal years?
4. Has your agency ever shared personal data of individuals with the UK Home Office for immigration purposes? If so, please indicate the number of incidents, and whether data sharing occurred with or without individual consent, divided if possible into calendar or fiscal years?
5. Has the Home Office ever requested data on an individual or on an individual’s immigration status, or about your work with specific groups of individuals, for immigration enforcement purposes. from your agency? If so:

a. How many times has the Home Office requested this type of information?
b. Have you complied with the requests? If so, how many times? If not, could you state the reasons?
c. Do you have a policy document or guidelines outlining your legal duties and the relevant process for responding to such requests (if different from the one requested above, please provide a copy of this document)
d. Please share the document/file/email containing the request from the Home Office. If that is not possible, please state the type of information requested and any subsequent actions expected from your staff?

6. Have you discussed within the agency the possibility of a UK Home Office request for personal data of individuals for purposes of immigration enforcement, the duties of staff in sharing/providing data to such a UK Home Office request and/or complying with relevant requests? If so, please share the minutes, email correspondence, notes, documents or other relevant information linked to these discussions.

I would be interested in all relevant information held by your agency regarding my request, including, but not limited to, relevant minutes, notes and email correspondence between your organisation and the UK Home Office and/or between other relevant parties. I understand that it is the organisation’s responsibility to share relevant files or documents and provide relevant information. In case your organisation is not the appropriate recipient of this letter, could you please indicate the appropriate body?

If my request is denied in whole or in part, please justify all deletions by reference to specific exemptions and please do release all non-exempt material.

I would be grateful if you could confirm in writing that you have received this request. I look forward to your response within 20 working days as outlined by the statute.

I would like the information to be emailed to me in electronic form. If preferable, you can use this email address: intern5[at]justrightscotland[dot]org[dot]uk.

Thank you for your help.

Kind Regards,
Sophia Simelitidou

FOI, South Ayrshire Council

Thank you for contacting South Ayrshire Council, Freedom of Information. 
This automatic reply is just to let you know we have received your email
and will be in touch soon.

 

Freedom of Information - requests will be processed in line with the
Freedom of Information (Scotland) Act 2002
([1]www.legislation.gov.uk/asp/2002/13/contents)

 

Environmental Information - requests will be processed in line with the
Environmental Information (Scotland) Regulations 2004
([2]www.legislation.gov.uk/ssi/2004/520/contents/made)

 

We may need to get in touch with you to seek more information or request
clarification from you to allow us to process your request.

 

To view how we process your personal data when you make a request to us,
please visit our website at [3]www.south-ayrshire.gov.uk/privacy-notices

 

You can also find out more information about our FOI service at: 
[4]www.south-ayrshire.gov.uk/foi and your information rights at:
[5]www.itispublicknowledge.info/YourRights

 

We will be in touch with you again when we have the response to your
request, or need further information from you, but meantime please do not
hesitate to contact us further on the contact details provided below.

 

Regards

 

Information Governance | Chief Executive's Office |
[6][email address] | Tel: 01292 612223 | County Buildings,
Wellington Square, Ayr, KA7 1DR | [7]www.south-ayrshire.gov.uk

 

 

dangos adrannau a ddyfynnir

FOI, South Ayrshire Council

Good afternoon

 

Thank you for your recent enquiry which was given the above reference
number.

 

1. No

 

2. No

 

3. The Council has a statutory duty to carry out right to work checks for
licensing applications, and as such we do not ask for the applicant’s
consent to making the check. Access to archive is currently limited, but
for period 25/08/20- 31/03/2021 5 checks were carried out, and for period
01/04/2021 to date - 1 check.

4. We have only had one case where we had to report on to the Home Office
following an unsuccessful right to work check a number of years ago. 
However, information on the detail of this case is not available from our
records as access to the archive is limited and the name of the applicant
cannot be recalled.

The guidance provided to us from the Home Office states:

 

Providing information to the Home Office:

These new provisions to prevent illegal working in relation to PHC and,
taxi driver, and booking office licences do not specifically mandate you
to report to the Home Office cases in which you have refused an
application for a driver or booking office licence or subsequently
suspended or revoked a licence on immigration grounds. However, you are
requested to provide the Home Office with this information in order that
other appropriate enforcement action may be taken against a person,
including revoking their UK driving licence. This information exchange is
supported by section 55 of the Immigration Act 2016 which expands the
existing information sharing gateway at section 20 of the Immigration and
Asylum Act 1999 (the 1999 Act) and gives public authorities a clear
statutory authority to supply information or documents to the Home Office
which may be used for immigration purposes. See: Factsheet. Any
information should be sent using the template at Annex C to
[1][email address].

 

In addition, section 20A of the 1999 Act, as amended by section 55 of the
2016 Act, places a duty on local authorities to provide Home Office
immigration officials with nationality documents which are in their
possession, but only when specifically requested to do so. See: Factsheet.
So, you may be asked for copies of nationality documents which you have
retained as part of the licensing application if they belong to someone
who is liable to be removed from the UK.

 

[2]A_Licensing_Authority_guide_to_right_to_work_checks_Scotland_2018.pdf
(publishing.service.gov.uk)

 

5. No

 

6. Our Licensing service recalls on one occasion being asked to meet
Immigration officials in connection with an investigation where
information was sought regarding whether licences were held by an
individual.  Advice was sought from the Information Governance team before
going ahead.  However, we do not hold any information relating to this.

 

If you are dissatisfied with the handling of your request you can ask for
a review.  A request for a review must be submitted within 40 working days
and should be put in writing to Deborah McVey, Information Governance Team
Leader, South Ayrshire Council, County Buildings, Wellington Square, Ayr
KA7 1DR, Tel: 01292 612223, Email: [3][South Ayrshire Council request email].  If you
remain dissatisfied after a review, you have the right to apply to the
Scottish Information Commissioner for a decision. This must be submitted
within 6 months after the review and should be put in writing to the
Scottish Information Commissioner at Kinburn Castle, Doubledykes Road, St.
Andrews, Fife KY16 9DS, Tel: 01334 464610 Email:
[4][email address] or use the online portal
[5]http://www.itspublicknowledge.info/YourR...
     

 

Kind regards

Andrew

 

Information Governance | Chief Executive’s Office |
[6][email address] | Tel: 01292 612223 | South Ayrshire Council
| County Buildings, Wellington Square, Ayr, KA7 1DR |
[7]www.south-ayrshire.gov.uk

 

 

dangos adrannau a ddyfynnir