Identity Cards Bill (2004)

(1) Under sections 19 to 22 the Secretary of State may provide a person with information within paragraph 2 of Schedule 1 only if he is satisfied that it would not have been reasonably practicable for the person to whom the information is provided to have obtained the information by other means.

(2) The Secretary of State may by regulations make provision—

(a) imposing requirements that must be satisfied before information is provided under any of sections 19 to 22; and

(b) restricting the persons who may be authorised to act on his behalf for or in connection with the provision of information under any of those sections.

(3) Those regulations may include—

(a) provision requiring a person to be provided with information only where an application for it has been made by or on behalf of that person;

(b) provision specifying or describing the persons who are entitled to make applications for the provision of information to a person; and

(c) provision imposing other requirements as to the manner in which such applications must be made.

(4) The Secretary of State may by regulations make it a condition of providing information to a person—

(a) that that person (where not specified in sections 19 to 22) and the applicant for the information (where different) are for the time being approved by the Secretary of State in the prescribed manner; and

(b) that apparatus used for the purposes of the application, and apparatus that it is proposed to use for the receipt and storage of the information, is for the time being approved by the prescribed person in the prescribed manner.

(5) The Secretary of State may also by regulations provide that information that may be provided to a person under any of sections 19 to 22 may be provided instead to another person who—

(a) is authorised by that person to be a recipient of information provided under that section;

(b) holds such office, rank or position as may be specified in the regulations; and

(c) is under the direction or control of that person, or is otherwise answerable or subordinate to him, in respect of any of his duties as a person holding that office, rank or position.

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EXPLANATORY NOTES

Clause 23: Rules for using information without individual's consent

139. Subsection (1) provides that provision of information in paragraph 2 of schedule 1 (photograph, signature, fingerprints or other biometric information) under clauses 19 to 22 may only be authorised where the Secretary of State is satisfied that it was not reasonably practicable for the person to have obtained the information by another means. For example, if fingerprint information is recorded on the Register, the police would first have to search their own fingerprint records before requesting information to be provided from the Register.

140. Subsections (2) to (4) allow the Secretary of State to make regulations imposing requirements such as specifying the person or persons who may make any request for information and how it is to be made and authorised before any information is provided under clauses 19 to 22.

141. Subsection (5) allows the Secretary of State to make regulations setting out the rank office or position of people who would be authorised to receive information on behalf of those persons listed in clauses 19 to 22. For example, a police officer of a specified rank may be authorised to be provided with information on behalf of a chief officer of police.

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Amendments up to and including Friday 14th January 2005 page 5

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Mr Richard Allan Mr Alistair Carmichael

*Clause 23, page 20, line 14, leave out 'and'.

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Mr Richard Allan
Mr Alistair Carmichael

*Clause 23, page 20, line 17, at end insert 'and

(c) notifying the individual of the fact that the information has been provided.'.