Drafts:Privacy Policy/ID Cards
From Pirate Party UK Wiki
- This is one of the subsection for the Privacy Policy draft. For more information and for links to the other subsections, see the main page.
Sections:
- Main Page
- 1 - CCTV
- 2 - ID Cards and the National Identity Register
- 3 - Data Collection and storage
- 4 - Government Transparency
- 5 - RIPA
- 6 - Taking and publishing of pictures etc.
- 7 - Communication traffic monitoring
Contents |
ID Cards and the National Identity Register
Introduction and Law
ID Cards and the National Identity Register were both created under the Identity Cards Act 2006. The Act states that the government shall:...establish and maintain a register of individuals (to be known as "the National Identity Register")[1] ... by the maintenance of a secure and reliable record of registrable facts about individuals in the United Kingdom[2] ... a convenient method for such individuals to prove registrable facts about themselves to others who reasonably require proof; and[3] ... a secure and reliable method for registrable facts about such individuals to be ascertained or verified wherever that is necessary in the public interest.[4]
Subsection (4) then defines "in the public interest" to cover
- national security;
- prevention or detection of crime;
- immigration control;
- preventing unauthorised employment;
- efficient/effective running of public servies.
Sections 6-8[5] go on to describe the ID Cards themselves. The Cards are to be used for
- recording the facts about the individual contained in the Register;
- carrying data enabling the card to be used for facilitating the making of applications for information recorded in a prescribed part of the individual's entry in the Register, or for otherwise facilitating the provision of that information to a person entitled to be provided with it.[6] (That's a direct quote - isn't legalese fun...)
Under the 2006 Act there is no requirement for ID Cards to be carried at all times[7] and it makes it unlawful to impose conditions on individuals to provide anyone with information on the individuals contained in the Register.[8]
Under the current law ID Cards, and registration in the National Identity Register is voluntary (for those 16 or over, residing or planning to reside in the UK) however there are provisions within the Act for making them compulsory (in which case the previous sentence no longer applies[9]).
Questions
Suggestions
Feedback
If you have any (ideally constructive) feedback on this then please add it to the discussion page or contact Duke.
Notes
- ↑ Identity Cards Act 2006, Section 1, (1)
- ↑ Section 1, (3)
- ↑ Section 1, (3)(a)
- ↑ Section 1, (3) (b)
- ↑ Identity Cards Act, Section 6
- ↑ Section 6, (2)
- ↑ Section 13, (3) (a)
- ↑ Section 16, (1)
- ↑ Section 16, (3) (c)
Links for Reference
http://www.theregister.co.uk/2009/09/22/id_card_research_blanked/
http://news.zdnet.co.uk/security/0,1000000189,39709652,00.htm
http://en.wikipedia.org/wiki/Information_to_be_contained_on_the_National_Identity_Register
http://www.opsi.gov.uk/acts/acts2006/ukpga_20060015_en_2 Identity Cards Act 2006
http://news.bbc.co.uk/1/hi/uk/8258043.stm
Votes
Here is a list of votes that I feel need to be taken by the party members. --Duke 12:05, 1 October 2009 (UTC)
2.1 Existence and nature of ID Cards
What sort of ID Card system should exist?
- Compulsory ID Cards for all individuals, with all data included on the card (in a RFID chip).
- Compulsory ID Cards for all individuals, with no non-trivial data on the card.
- Voluntary ID Cards for most individuals, compulsory for certain groups (e.g. criminals, foreign residents - to be further discussed if needed), with data included on the card (in a RFID chip).
- Voluntary ID Cards for most individuals, compulsory for certain groups, with no non-trivial data on the card.
- Voluntary ID Cards for all individuals, with data included on the card (in a RFID chip).
- Voluntary ID Cards for all individuals, with no non-trivial data on the card.
- No ID Card.
- More debate needed.
2.2 Existence and nature of 'National Identity Register'
What sort of national database should exist for data on citizens etc.?
- Compulsory national register containing all collected data by government departments.
- Voluntary national register containing all data.
- Compulsory registers for different departments, developed separately and kept isolated.
- Voluntary registers for different departments.
- No registers (the government not keeping any data on individuals).
- More debate needed.
2.3 Access to Register
Who should have access to any register? Note; under then Data Protection Act (1998) any individual has the right to demand access to any data on themselves.
- Only the Information Commissioner's Office (ICO); but with them enabled to supply data to crime-based government departments (police, security services, immigration officers etc.) through some official process (e.g. a warrant).
- The ICO and crime-based government departments, with other official departments being given access to but only to data relevant to them (e.g. only hospitals having access to medical data).
- All the above, with significant third parties (defined later, if required) being allowed access through an official process (possibly optional for the individual), e.g. banks, educational institutes, employers.
- More debate needed/no database.
2.4 Collection and accuracy of data stored
How should any information stored in such a database being collected and who should be responsible for updating/maintaining it?
- Data collected by the ICO (either through a census, or as any data passes through government departments such as the DVLA, identity & passport service etc.) and maintained by them (through regular checks).
- Data collected by the ICO but it being the responsibility of the individual to ensure the data is accurate (either under the Data Protection Act or an official service).
- Data supplied directly by the individual (with some form of government verification service) with the individual responsible for maintaining accuracy (by updating when any changes are made).
- More debate needed/no database.
2.5 Maintaining of DNA Records
Whose DNA should authorities be permitted to keep samples or records of?
-
Any individual...
- ... who is or has been on British territory.
- ... arrested or officially cautioned by the police or similar authorities.
- ... charged with a criminal offence.
- ... charged with a 'serious' offence (to be defined later, i.e. murder, rape etc.)
- ... convicted of a criminal offence.
- ... convicted of a 'serious' offence.
- Authorities should not be permitted to keep DNA samples of individuals.
- More debate needed.
2.6 Duration of DNA Records
How long should DNA records be kept?
- Indefinitely.
- Until the end of any rehabilitation period (as defined by the Rehabilitation of Offenders Act 1974).
- Until the end of any prison sentence etc.
- Until the end of any trial (including appeal).
- For a specific length of time (to be defined later).
- No records created/more debate needed.
