A Message to Muslim Students in light of personal data disclosure by UCL Union

Assalamu Alaikum Wa Rahmatullahi Wa Barakatuhu,

My dear respected brothers and sisters I pray this message reaches you in the best of health and Iman.

As some of you may be aware, The Independent Newspaper ran a front page story on Thursday 1st April 2010 entitled "CIA Given Details of British Muslim Students", a copy of which can be found online. This relates to an incident where UCL Union were approached by the Metropolitan Police requesting the personal data of the UCL Islamic Society's membership in the aftermath of the alleged attempted attack on Northwest Flight 253 involving Umar Farouk Abdulmutallab, a former UCL Islamic Society President. The Union responded by providing the details of not only the UCL's Islamic Society but also that of RUMS Islamic Society (Medical Islamic Society) and provided details for academic year 2008-2009, a period which was after Umar Farouk had graduated from UCL.

Following revelations that UCL Union had passed on the personal data of Muslim students, FOSIS and UCL Islamic Society were naturally very concerned and sought to raise questions as to exactly what data had been requested and provided, how the data was obtained, how it would be handled, who would have access to it and for how long. We were informed that the:

• Police issued a personal data request form requesting the membership details of the UCL Islamic Society Isoc from 2005-2008 only, the period in which Umar Farouk was a student at UCL.
• UCL Union provided the data that they had available to them, names and email addresses, but referred the Police on to the Student Records Department within the university which provided more details.
• Data would be passed onto other international intelligence agencies if requested.
• Data would be held for a period of at least 7 years following the completion of the investigation.
• Individuals affected would have to contact the police and request any personal data held about them to be removed after this period.

We are deeply dismayed by the actions of the Union and have sought clarification as to why this data of such students- who are not linked to any crimes- was provided in the absence of any legally-binding documentation. We believe that student unions have a duty of care and responsibility to protect the rights of their membership and should only respond to personal data requests when it is legally obliged to do so. Not only is this a possible breach of Data Protection, but it also reinforces the notion that the Muslim community is a suspect community.

What has been done about this?

Whilst we are unhappy with the decision by UCL Union to provide the data, our priority in this regard is to safeguard the rights and privacy of Muslim students across the UK and Ireland. Actions have included:

• FOSIS providing support and assistance to both of UCL's Islamic Societies and has been looking to liaise and remain in contact with the Union on this issue.
• UCL Islamic Society have passed a motion preventing the Union from issuing personal data in the future and demanding a public apology in light of the incident.
• FOSIS to issue guidance documentation over the coming weeks to Islamic societies, student unions and universities across the UK in relation to data protection.
• FOSIS requesting the Union to clarify it's legal position in light of this event and to determine whether there has been a possible breach, particularly with respect to providing surplus and unnecessary data to the Police.
• FOSIS to continue publicising the issue to ensure other student unions and universities act responsibly with the data of it's membership.
• FOSIS to continue to encourage Muslim students to get involved and engage with their students' unions to ensure that their needs and concerns are addressed.
• FOSIS to organise a series of "Know Your Rights" workshops at universities up and down the country with renowned civil liberties organisations.
• FOSIS currently seeking legal advice on the matter.

What do we recommend you to do?

1. If you know or suspect that your Islamic Society's membership details are being provided to the security services without your consent, please contact us at: vp.studentaffairs@fosis.org.uk or civil.liberties@fosis.org.uk

2. Under the Data Protection Act 1998, you are entitled to issue your university and your students union with a ‘Data Subject Notice' to prevent them from disclosing your personal details without your prior consent. This must be done via sending a letter to your university and a letter to your students union. FOSIS strongly recommends you do this as a first course of action- an example letter can be found at the end of this document.

3. To read through our guidance toolkit once it is issued to help prevent this from ever happening again.

Your Islamic Society should have already received two "toolkits" from FOSIS earlier in January. These provide necessary steps to ensuring your Islamic Society work stays on the front foot, is not affected by recent events and continues to go from strength to strength. If your Islamic Society has not received these toolkits yet, please contact vp.islamicsocieties@fosis.org.uk or vp.studentaffairs@fosis.org.uk

4. It is essential that you send a letter or email to your University Vice-Chancellor and to your Student Union to

a. Inform them of what has happened at University College London with their ISocs' membership details
b. To explain why you see this as a problem
c. To seek their reassurance that they will inform and consult you if security services approach them for Islamic Society membership details
d. To seek their reassurance that they will protect the personal details of Muslim students and will not hand them over to security services.

5. The National Union of Students have produced the following legal guidance document with Liberty which we strongly recommend you read and pass on to your members and student union officers: http://resource.nusonline.co.uk/media/resource/SPB_2010Terror3.pdf

We are aware that many of you will be concerned in light of this information, however rest assured this is a major priority for FOSIS and we will continue to demand that the privacy and rights of Muslim students across the country is maintained. As ever, please do not hesitate to contact us if you have any questions, require further information, or indeed if you are facing any challenges and we can be of service. FOSIS has served Islamic Societies since 1963 and will continue to do so.

And we pray that Allah ‘azza wa jall unites us, makes us fit for our purpose to serve Him, and makes us successful in His way.

Your Brother,

Faisal Hanjra

President of FOSIS

------

[Date]

Dear [Vice-chancellor's/students union general manager's name]

re: Data Subject Notice

I, [Your full name and student number] write to you in relation to the processing of personal data held on me by you, as the Data Controller as defined in the Data Protection Act 1998.

I write to you to invoke my right, under Section 10(1) of the Data Protection Act 1998, to request that you do not disclose or allow access to any data held on me by you- or any other party acting on your behalf- to any third parties or facilitate their accessing of such data that may identify me save that relating directly to you carrying out your function and obligations towards me as a student at this university.

In particular, in response to the increasing reports of university and students union officers and staff disclosing personal and sensitive data of their students to the police or intelligence services in the absence of a Certificate of Exemption (i.e. a legal warrant) and without their consent, I request that you do not disclose the information you hold on me in such an incident that may occur without having obtained my prior consent.

I am aware that you must respond within 21 days of this notice and I look forward to hearing from you.

Yours Sincerely,

[Insert your full name]
[insert your home address]