Identity Cards Bill (2004): 19 Use for purposes of public authorities etc.

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December 07, 2004

19 Use for purposes of public authorities etc.

Other allowed uses of registered information

19 Use for purposes of public authorities etc.

(1) The Secretary of State may, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—

(a) the provision of the information is authorised by this section; and

(b) there is compliance with any requirements imposed by or under section 23 in relation to the provision of the information.

(2) The provision of information is authorised by this section where it is—

(a) the provision of information to the Director-General of the Security Service for purposes connected with the carrying out of any of that Service’s functions;

(b) the provision of information to the Chief of the Secret Intelligence Service for purposes connected with the carrying out of any of that Service’s functions;

(c) the provision of information to the Director of the Government Communications Headquarters for purposes connected with the carrying out of any of the functions of GCHQ; or

(d) the provision of information to the Director General of the Serious Organised Crime Agency for purposes connected with the carrying out of any of that Agency’s functions.

(3) The provision of information not falling within paragraph 9 of Schedule 1 is
authorised by this section where the information is provided 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 other purposes specified by order made by the Secretary of State

(4) The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided 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) The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided—

(a) to a prescribed government department, or

(b) to a prescribed Northern Ireland department, for purposes connected with the carrying out of any prescribed functions of that department or of a Minister in charge of it.

(6) The provision of information to a designated documents authority is authorised by this section where the information is provided for 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.

(7) In this section—

“chief officer of police” means—

(a) the chief officer of police of a police force maintained for a police area in England and Wales;

(b) the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77);

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Chief Constable of the Ministry of Defence Police;

(e) the Chief Constable of the Civil Nuclear Constabulary;

(f) the Chief Constable of the British Transport Police; or

(g) the Chief Constable of the Isle of Man Constabulary;

“GCHQ” has the same meaning as in the Intelligence Services Act 1994 (c. 13).

(8) Nothing in this section is to be construed as restricting any power to disclose information that exists apart from this section.

EXPLANATORY NOTES

Other allowed uses of registered information

Clause 19: Use for purposes of public authorities etc.

120. This clause provides the power to provide specified information held on the Register to public authorities or other specified persons for specified purposes without the consent of the registered person. Subsection (1) allows for this provision so long as it is authorised by this clause and complies with clause 23 (which sets out the rules for using information without an individual's consent).

121. Subsection (2) provides that information may be provided without consent of the individual to specified national security and intelligence agencies for purposes connected with any of their functions, for example, the Security Service would be able to be provided with information for purposes connected with the protection of national security, the support of law enforcement agencies in the prevention and detection of serious crime and to safeguard the economic well-being of the United Kingdom, which are their statutory functions as set out in the Security Services Act 1989.

122. Subsection (3) provides a power to provide information not specified within paragraph 9 of Schedule 1 (Records of provision of information) to a chief officer of police, for national security, the prevention or detection of crime or for other purposes as may be specified by order. Paragraph 9 of Schedule 1 records the provision of information from a person's Register entry as opposed to the "static" information held on the Register, such as place and date of birth.

123. A similar power is provided in subsection (4) for the provision of information without consent to the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, for national security, the prevention and detection of crime, national insurance contributions and the other purposes connected with the Commissioners set out in Subsection (4) except information falling within paragraph 9 of Schedule 1.

124. Where information does not fall within paragraph 9 of Schedule 1, provision of that information is permitted if it is made to a prescribed government department or a Northern Ireland department in order to carry out prescribed functions of that department or of the Minister in charge of that department. (subsection (5)). This allows for the provision of information without consent to other parts of government or Northern Ireland departments, e.g. to the Department for Work and Pensions for investigation of social security fraud or to the Department for Social Development in Northern Ireland in connection with social security benefits or national insurance numbers. Regulations allowing information to be provided under this power will be subject to the negative resolution procedure.

125. Subsection (6) sets out for what purposes information may be provided without consent to a designated documents authority that issues documents designated under clause 4.

126. Subsection (7) defines terms used in clause 19 in particular exactly who is covered by the term "chief officer of police".

127. "Crime" is defined in clause 43(1) with reference to the Regulation of Investigatory Powers Act 2000 which defines "crime" as "conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences".

128. "Detection" is defined in clause 43(1) and (9) with reference to the Regulation of Investigatory Powers Act which defines "detecting crime" as including "(a) establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and (b) the apprehension of the person by whom any crime was committed".

129. Subsection (8) ensures that this clause does not restrict any powers existing elsewhere to disclose information.

Amendments up to and including Friday 14th January 2005 page 4

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 19, page 17, line 10, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 19, page 17, line 15, leave out subsections (2) and (3) and insert—
'(2) The provision of information is authorised in this section where it is—

(a) the provision of information to—

(i) the Director-General of the Security Service,
(ii) the Chief of the Secret Intelligence Service,
(iii) the Director of the Government Communications Headquarters,
(iv) the Director-General of the Serious Organised Crime Agency, or
(v) a chief officer of police; and

(b) it is—

(i) in the interests of national security, or
(ii) for the purposes connected with the prevention or detection of crime.'.

Mr Richard Allan Mr Alistair Carmichael

*Clause 19, page 17, line 17, leave out 'connected with' and insert 'necessary for'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 19, page 17, line 27, at end insert 'for any of the purposes specified in subsection (2A)'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael

Clause 19, page 17, line 27, at end insert—
'(2A) The purposes specified in this subsection are—

(a) in the interests of national security;

(b) for purposes connected with the prevention or detection of crime; or

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 19, page 17, line 32, leave out 'prevention or detection of crime' and insert 'detection of serious crime which shall mean any crime giving rise to an offence triable only on indictment'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 19, page 17, line 32, after 'of', insert 'serious'.