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May 23, 2004
20 Disclosures without consent of registered individual
Other disclosures from Register
Other disclosures from Register
20 Disclosures without consent of registered individual
(1) The Secretary of State may, without the individual.s consent, make a
disclosure of information recorded in an individual.s entry in the Register if.
(a) the disclosure is authorised by this section; and
(b) any requirements imposed in relation to the disclosure by or under
section 24 are complied with.
(2) A disclosure of information is authorised by this section if it is.
(a) a disclosure made to the Director-General of the Security Service for
purposes connected with the carrying out of any of that Service.s
functions;
(b) a disclosure made to the Chief of the Secret Intelligence Service for
purposes connected with the carrying out of any of that Service.s
functions;
(c) a disclosure made to the Director of the Government Communications
Headquarters for purposes connected with the carrying out of any of
the functions of GCHQ;
(d) a disclosure made to the Director General of the National Criminal
Intelligence Service for purposes connected with the carrying out of
any of that Service.s functions; or
(e) a disclosure made to the Director General of the National Crime Squad
for purposes connected with the carrying out of any of that Squad.s
functions.
(3) A disclosure of information not falling within paragraph 9 of Schedule 1 is
authorised by this section if it is made to a chief officer of police.
(a) in the interests of national security;
(b) for purposes connected with the prevention or detection of crime; or
(c) for purposes specified by order made by the Secretary of State.
(4) A disclosure of information not falling within paragraph 9 of Schedule 1 is
authorised by this section if it is made to the Commissioners of Inland Revenue
or the Commissioners of Customs and Excise.
(a) in the interests of national security;
(b) for purposes connected with the prevention or detection of crime;
(c) for purposes connected with the prevention, detection or investigation
of conduct in respect of which the Commissioners have power to
impose penalties, or with the imposition of such penalties;
(d) for the purpose of facilitating the checking of information provided to
the Commissioners in connection with anything under their care and
management, or with any other matter in relation to which the
Commissioners have duties under any enactment;
(e) for purposes connected with any of the functions of the Commissioners
of Inland Revenue in relation to national insurance contributions or
national insurance numbers; or
(f) for other purposes specified by order made by the Secretary of State.
(5) A disclosure of information not falling within paragraph 9 of Schedule 1 is
authorised by this section if it is made to a prescribed officer of the Secretary of
State.s department for purposes connected with the carrying out of any
prescribed functions of the Secretary of State.
(6) A disclosure of information not falling within paragraph 9 of Schedule 1 is
authorised by this section if it is made to a prescribed officer of the Department
for Social Development in Northern Ireland for purposes connected with any
of the functions of that Department in relation to social security benefits in
Northern Ireland, or in relation to national insurance numbers.
(7) A disclosure of information not falling within paragraph 9 of Schedule 1 is
authorised by this section (so far as it is not otherwise authorised by
subsections (3) to (6)) if it is made.
(a) for any of the purposes specified in section 17(2)(a) to (d) of the Anti-
terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings
and investigations); and
(b) otherwise than in connection with crime in or as regards Scotland in
relation to a matter within the legislative competence of the Scottish
Parliament.
(8) A disclosure of information falling within paragraph 9 of Schedule 1 is
authorised by this section if.
(a) it is made to a person to whom disclosures may be made by virtue of
any of subsections (3) to (6) or is made as mentioned in subsection (7);
and
(b) it is made for purposes connected with the prevention or detection of
serious crime.
(9) A disclosure of information to a designated documents authority is authorised
by this section if it is made for any purposes connected with the exercise or
performance by the authority of.
(a) any of its powers or duties by virtue of this Act; or
(b) any of its other powers or duties in relation to the issue or modification
of designated documents.
(10) Nothing in this section is to be construed as restricting any power to disclose
information that exists apart from this section.
Posted by wtwu at May 23, 2004 11:12 PM
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Comments
The wording of Section 20 differs markedly from the equivalent sections of the Regulation of Investigatory Powers Act 2000 (RIPA), which lays down ranks of officers who can authorise various privacy intrusive measures, and the ranks of the senior officers or officials who have to sign the warrants or certificates, which can then, if necessary be scrutinised by the Interception Commissioner or the Surveillance Commissioner. etc.
Either RIPA is wrong or this Bill is wrong
Where is the mechanism of delegation under this Bill ? Are the senior officials mentioned in 20 (2) actually going to consult the National Identity Register personally ? Or will this wording magically authorise their subordinates to do so ?
Technically, at present these officials would be committing an offence punishable by 2 years in jail if they did so.
There must be a prohibition against any speculative database trawling of the National Identity Register by these state security agencies e.g. to find the names and addresses of everybody called "Mohammed" . To allow this sort of thing is only one step away from the National Identity Register being used for ethnic cleansing and genocide by a future government.
RECCOMENDATION:
Rewrite Section 20 to be compatible with the existing procedures and safeguards built into the Regulation of Investigatory Powers Act 2000.
Absolutely forbid, with criminal penalties, any state or private sector speculative database trawling of the National Identity Register
Posted by: wtwu at May 24, 2004 05:45 AM