Countering extremism and recording dissent: intelligence analysis and the Prevent agenda in UK Higher Education

Despite growing calls in the media and from various political quarters for a review of the effectiveness of the Prevent duty, the Home Secretary has recently announced that the duty will essentially continue largely unchanged in its operation, including in UK higher education (HE). This is perhaps because the High Court in the recent case of Butt has found that the Prevent Duty guidance to Universities is lawful, and no breach of freedom of expression or of privacy rights. But since the Prevent duty involves sharing, where necessary and proportionate, highly sensitive personal information about individuals at risk of being drawn into extremism and terrorism, this 'forward thinking' piece addresses some of the complexities of information law dealt with in the case. Some thoughts are offered about the missed opportunity that a rejection of a review of Prevent would entail.