Prevent/Channel Data Sharing
Dear Open University,
This is a request under the Freedom of Information Act.
According to the Prevent Duty, public institutions should pay due regard to Prevent. Many make arrangements under safeguarding policies to share data with the police or local Prevent/Channel bodies. This means that you should enter into Data Sharing Agreements (DSA) with regards to Prevent and/or Channel. According to legislation, DSA’s should be entered into after a Data Protection Impact Assessment has been carried out. Any data processing should be covered by a Data Processing Contract.
Please release:
1: Any Data Sharing Agreement(s) made with regards to Prevent and/or Channel, or which otherwise meet your obligations under the Prevent Duty.
2: Any Data Protection Impact Assessment done in relation to these Data Sharing Agreement(s).
3: Any Data Processing Contract(s) relevant to the Data Sharing Agreement(s).
Please also answer the following questions:
4: Where is Prevent-related data stored?
5: Is this a separate database to other databases you keep?
6: Who has access to this data?
7: For how long is the data retained?
8: Is consent sought from the subject before sharing this data?
9: Please list all the persons consulted on the decision to release the above information (only position and organization)
I note that a number of local authorities, including Prevent priority areas, have proactively made public their Information Sharing Agreements and Data Protection Impact Assessments that are attached to Prevent and Channel programmes.
This includes Hampshire County Counil, which has released its Information Sharing Agreement; Lincolnshire Police, which has released multiple Information Sharing Agreements signed between itself and public bodies in Lincolnshire; Camden Borough Council, which has released its Data Protection Impact Assessment, and Blackburn and Darwen, which has released its Memorandum of Understanding. London Multi-Agency Data Sharing Agreement for Safeguarding and Promoting the Welfare of Children is also publicly available.
I look forward to your reply.
Sam Andrews
Dear Sam,
I am writing to acknowledge receipt of your request for information under the Freedom of Information Act (FOIA).
Your request is receiving our attention and you will hear from us again within 20 working days at the latest.
Yours sincerely
Danielle Pyper, Information Rights Co-Ordinator
Information Rights Team, University Secretary's Office
Dear Sam
Thank you for your request under the Freedom of Information Act (FOIA)
dated 24th March 2023 relating to Prevent/Channel Data Sharing.
Information Provided
I can confirm that the Open University partly holds the information which
constitutes information falling within the scope of your request. Please
see our response as set out below:
1: Any Data Sharing Agreement(s) made with regards to Prevent and/or
Channel, or which otherwise meet your obligations under the Prevent Duty.
This information is not held. The Open University is a trans national
organisation which does not have a specific Prevent relationship with an
individual police force and or local authority and does not hold
documented data sharing arrangements in relation to Prevent/and or Channel
(our students do not live on a specific campus and all learning is carried
out at a distance). However in accordance with our obligations under Sch.1
of the Data Protection Act 2018 we have in place an “Appropriate Policy
Document” setting out and explaining our procedures for securing
compliance with the principles in Article 5 of the UK GDPR in relation to
such personal data that would be exchanged in the Prevent/Channel Process.
The University is also currently taking forward a programme of data
protection implementation to map and resolve any compliance risks in
relation to contractual requirements for the transfer of personal data
outside the University.
2: Any Data Protection Impact Assessment done in relation to these Data
Sharing Agreement(s).
This information is not held. The University holds no current record of a
Data Protection Impact Assessment relating to our Prevent Duty but has
embedded a culture of data protection by design and default across the
University and depending on the appropriate risk, a Data Protection Impact
Assessment will be completed.
3: Any Data Processing Contract(s) relevant to the Data Sharing
Agreement(s).
This information is not held. The University does not have a data
processing relationship in place in relation to its Prevent Duty and
therefore does not hold a data processing contract.
4: Where is Prevent-related data stored?
Data is stored within a secure SharePoint site.
5: Is this a separate database to other databases you keep?
Yes
6: Who has access to this data?
Access is restricted to the Prevent team only.
7: For how long is the data retained?
The University does not hold a specific documented period for retention of
this data. Prevent related data may contain a variety of differing factors
that require different retention periods and it is retained in accordance
with the University’s data retention schedule and our requirements under
Article 5 of the UK GPDR to ensure that personal data is not retained
longer than is necessary.
8: Is consent sought from the subject before sharing this data?
No, this is not a legal requirement.
9: Please list all the persons consulted on the decision to release the
above information (only position and organization)
This question falls outside the remit of the FOIA, which is for recorded
information held at the time of the request.
Review
If you have any concerns about the way the University has observed the
provisions of the Freedom of Information Act you may apply for your
request to be reviewed. Freedom of Information Reviews are considered by
the University Secretary or his delegate. Your request must be submitted
within 40 working days of receipt of this letter/email. Reviews should be
addressed to the above inbox, entitled “FOIA Review”, and should set out
the reasons for the review. You will have a further right of appeal to
the Information Commissioner’s Office.
Yours sincerely,
Daniel Webb
Daniel Webb, Senior Manager Information Rights (he/him/his)
Information Rights Team, University Secretary’s Office
t: 01908 653994
e: [email address]
a: The Open University, Level 5, 217 Charles Pinfold Building, Walton
Hall, Milton Keynes, MK7 6AA
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