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BBC News Online: Education


Tuesday, 13 November, 2001, 15:30 GMT

Student files open to terror inquiries


Computer
In the US police have checked university files
By BBC News Online's Sean Coughlan

Universities in the United Kingdom would hand over confidential information about students to police inquiring about terrorist suspects.

And universities are already discreetly employing a vetting scheme which gives them guidance from the government about the potential security risks of overseas applicants.

Although universities would usually refuse to share personal information in their files, they say they would assist the police where appropriate.

Ramzi Yousef

And if they refused to co-operate, the police could use the courts to gain a right of access to student files.

In the United States, authorities hunting for terrorist suspects have been allowed to search university files - breaching what had previously been seen as a strong code of confidentiality.

A number of the men suspected of taking part in the September 11th terrorist attacks had been students or associated with universities.

And universities in the United States were advised that privacy legislation could be overruled by law enforcement agencies during an emergency.

The American Association of Collegiate Registrars and Admissions Officers has found that over 200 universities have been contacted by law enforcement agencies, seeking information about students.

Compulsion

This has included details of what students are studying, addresses, political activity and records of attendance.

In the United Kingdom, the Home Office says under existing legislation the police can seek powers from the courts to search personal data held by universities, or any other institution.

These "compulsion orders" would require the universities to set aside the restrictions imposed by data protection legislation.

"Generally information about students is considered 'sacrosanct', but if there is a police inquiry, especially with regards to terrorism, we would have to comply," said a spokesperson for the London School of Economics.

"Any information which they required would be given to them."

No 'trawling'

The University of Cambridge says that there is no "trawling" of information allowed, but if police presented the appropriate documentation they would provide information on individual students.

Dennis Barrington-Light, Cambridge University's head of student records, says there would be no automatic handing over of information.

But if the police satisfied the university of the need to divulge information, they would co-operate, particularly where there were questions of national security.

Universities had to keep to data protection regulations, he said. But these could be superceded by other legislation and court orders.

"As responsible organisations, if universities receive an enquiry from the authorities relating to a specific crime they would, of course, co-operate within the law," said a spokesperson for Universities UK.

According to the Information Commissioner, the data protection legislation applies to universities in the same way as other institutions.

The law allows institutions where necessary to disclose specifically-requested information to the police - but it does not allow the police to make general inquries or "fishing expeditions" through university files.

Security vetting

In response to concerns that countries could be sending students to the UK to acquire information for developing weapons of mass destruction, there is also a voluntary vetting scheme in operation.

This allows universities to refer the names of overseas applicants to the government, so that they can be checked for potential security risks.

This applies only to applicants from certain undisclosed countries and in certain undisclosed fields - but is aimed at countering the proliferation of weapons of mass destruction.

And the final decision on whether to accept or reject an applicant remains with the university.

Emergency legislation proposed by the government, the Anti-Terrorism Crime and Security Bill, could also affect the disclosure of information.

Among its measures is the intention to "clarify and harmonise" so that "public authorities can disclose certain types of otherwise confidential information where is necessary for the purposes of fighting terrorism and other crimes".


Related to this story:
Swansea student links to Bin Laden (18 Sep 01 | Wales) The hijack suspects (28 Sep 01 | Americas) Europe hunts for US clues (15 Sep 01 | Europe)


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