Commentary on Sections Part 5:  Protection of Victims Section 52: Duty to notify Secretary of State about suspected victims of slavery or human trafficking
241.Subsection (1) places a duty on specified public authorities to notify the Secretary of State, or if so provided by the Secretary of State in regulations, another public authority, where there are reasonable grounds to believe that a person may be a victim of slavery or human trafficking. There is a range of guidance already available to specified public authorities and wider front-line workers who may encounter potential victims of trafficking(8). In addition, section 49(1)(a) places a duty on the Secretary of State to issue guidance to public authorities and other persons whom the Secretary of State considers appropriate as to the sorts of things that indicate that a person may be a victim of human trafficking or slavery.
242.This new duty to notify will mean that adult potential victims of trafficking who do not wish to be referred, assessed and supported through the current administrative process for doing so may still be referred for data purposes by specified public authorities, and that additional information on victims of other forms of modern slavery will also be captured.
243.Subsection (2) enables the Secretary of State by regulations to prescribe the information that must be included in a notification under subsection (1). It is envisaged that, as a general rule, such information will include the nationality of the victim, type of exploitation experienced and the location and dates it took place.
244.Subsection (3) provides that identifying information about an adult potential victim of slavery or trafficking should only be included in a notification where the individual concerned has given their consent. In the case of child potential victims, this information can be provided without their consent.
245.Subsection (4) ensures that regulations made by the Secretary of State may provide that a public authority which includes information in a notification in accordance with the regulations does not breach any obligations of confidence owed by the public authority in relation to that information. This also ensures that the regulations which determine the information to be included in any notification under the duty do not require or authorise the disclosure of information which contravenes any other restriction on the disclosure of information (however imposed). This would ensure that existing safeguards protecting the disclosure of information are respected, such as those in the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Crime and Courts Act 2013.
246.Subsection (5) specifies those public authorities to whom this duty applies This includes all those public authorities who have an existing role in identifying victims as designated first responders under the current process for identifying and supporting victims.
247.Subsection (6) enables the Secretary of State to make regulations to add or remove public authorities subject to the duty, or amend an existing entry. Section 58(4)(h) provides that regulations removing a public authority for reasons other than the body ceasing to exist are subject to the affirmative resolution procedure. Regulations adding to the list of public authorities are subject to the negative resolution procedure.