Section 26 of the Counter Terrorism and Security Act CTSA places a duty on certain specified authorities, including local authorities, to have “due regard to the need to prevent people from being drawn into terrorism”. This is often known as the Prevent Duty.

Section 26 of the Counter Terrorism and Security Act CTSA places a duty on certain specified authorities, including local authorities, to have “due regard to the need to prevent people from being drawn into terrorism”. This is often known as the Prevent Duty.

When an individual is referred to Prevent due to concerns that they might be vulnerable to being drawn into terrorism, the Prevent team will speak to the referrer and assess the case. This will not include the sharing of personal information, as only the basics of a case will be discussed.

If the referral is deemed to be of sufficient concern, the Prevent team will request further information from the referrer and will collect and store the information detailed in the Prevent-specific privacy note. This will be provided to the police in order for them to carry out a vulnerability assessment.

If an individual is assessed by the police to need support to prevent them from being drawn into terrorism, they will bring the case to the monthly Channel Panel. Prior to this, the police will request further information on the individual from the Prevent team, and this will be collected and shared.

This collection and processing of data relies on the lawful basis for processing set out in Article 6(1)(e) GDPR: 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.

Clause 8 of the Data Protection Bill provides that Article 6(1)(e) includes (a) processing of personal data that is necessary for the exercise of a function conferred on a person by an enactment or rule of law, and (b) processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department.

Processing of personal data for Channel is necessary for the purposes of the various Channel duties set out in section 36 of the Counter-Terrorism and Security Act 2015 (CTSA).