Rules brought in to limit sharing of personal data between charities and Home Office

Charity

New limits have been placed on how personal data is shared between charities and the Home Office.

The updated government policy, which came into force last year and was first reported in The Guardian newspaper this week, comes after years of wrangling over how personal data collected by charities delivering contracts with the Home Office should be handled.

Paperwork relating to a judicial review brought by a victim of trafficking against the Home Office, seen by Third Sector, names The Salvation Army as an “interested party” delivering a government contract, along with two other organisations subcontracted to the work: Bawso and Palm Cove Society.

New government data-sharing guidance “was introduced in response” to the judicial review application, the legal papers say, which “introduced new safeguards and restrictions on both the recording of and access to information derived from trafficking victims”.

The restrictions are designed to prevent government officials and charities sharing some confidential information about beneficiaries.

The complainant was represented by lawyers from the firm Duncan Lewis.

Three years ago the homelessness charity St Mungo’s apologised for sharing data about its beneficiaries while carrying out contracts for the Home Office during work conducted in 2017.

Two charities pulled out of Home Office agreements last year after claims that it could lead to beneficiaries being deported.

In response to the latest legal developments, the Home Office said it “conceded one of the [victim]’s grounds at the outset of this litigation and ensured that all relevant data protection documentation was in place as a result”, but stressed that it “does not accept” there had been a data breach in this case.

The Guardian has changed the headline to its article after a request for correction by both The Salvation Army and Home Office.

A Salvation Army spokesperson said: “Our principal concern is the people in our care. We are constantly advocating robustly on behalf of survivors of modern slavery and seeking new ways to improve the support we provide.

“The practical issues related to this incident were resolved more than a year ago when new guidance was introduced by the Home Office.

“The people that we care for as part of our modern slavery services have experienced devastating trauma and come to us with complex needs and personal histories.

“Anything we can do to build their trust will mean we can provide the best possible care for them. We therefore work continually with the Home Office and other stakeholders to improve how sensitive information is gathered to safeguard their privacy and safety.”

They added: “We welcome scrutiny of the processes we follow as it gives an important voice to survivors. We are grateful for the courage of the survivor whose story brought this issue to light.”

Editor’s note (15 December): This story has been amended to correct the dates of work conducted by St Mungo’s

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