Identity Cards Bill (2004)

(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 a person with information not falling within paragraph 9 of Schedule 1 is authorised by this section (so far as it is not otherwise authorised by section 19) if the information is provided 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).

(3) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (restriction on disclosure of information for overseas purposes) shall have effect in relation to the provision of a person with information by virtue of subsection (2) as it applies in relation to a disclosure of information in exercise of a power to which section 17 of that Act applies.

(4) The provision of information falling within paragraph 9 of Schedule 1 is authorised by this section if it is provided—

(a) to a person to whom information may be provided by virtue of any of subsections (3) to (5) of section 19 or is made as mentioned in subsection (2) of this section; and

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

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EXPLANATORY NOTES

Clause 20: Further uses connected with the prevention and detection of crime

130. This clause sets out other circumstances in which information from the Register may be provided without consent of the registered person. Subsection (1) provides a power for this provision so long as it is authorised in this clause and clause 23 is complied with.

131. Subsection (2) sets out that where information is provided without consent for any of the purposes specified in sections 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (which include provisions for disclosing information for the purposes of criminal investigations or proceedings overseas), it is authorised under this clause but only subject to clause 23.

132. Subsection (3) allows the Secretary of State to prohibit the provision of information without consent for use in oversees proceedings (under the Anti-terrorism, Crime and Security Act 2001) as specified in section 18 of that Act (which allows the Secretary of State to give a direction that would prohibit the provision of information that could be used for the purposes of any oversees proceedings that would otherwise occur under section 17 of that Act e.g. the Secretary of State might do this if he considered that it would be more appropriate for these proceedings to be conducted in a court of the United Kingdom.

133. Provision of information falling within paragraph 9 of Schedule 1, which is the record of information provided from the Register, is authorised if it is to the persons listed in clause 19(2) to (6) and is for purposes connected with preventing or detecting serious crime or if it is authorised under clause 20(2) ) for use in overseas criminal investigations or proceedings, and is concerned with the prevention and detection of serious crime. This allows a higher threshold to apply where the information being disclosed relates to an individual's use of an ID card rather than static information about name, address etc.

134. "Serious crime" is defined in clause 43 with reference to the Regulation of Investigatory Powers Act which defines serious crime as a crime that "(a) involves the use of violence, results in substantial financial gain or is conducted by a large number of persons in pursuit of a common purpose, or (b) the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more".

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

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 20, page 18, line 33, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.