Privacy International - Open Letter on EU Data Protection Supervisor

Privacy International

MEDIA RELEASE

Privacy International's response to the Draft Identity Cards Bill

" Draconian and dangerous"

26 April 2004

For immediate release

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The watchdog group Privacy International today reacted with disbelief to the publication of the government's draft Bill on identity cards.

Privacy international's Director, Simon Davies, described the draft legislation as "draconian and dangerous".

He said the Bill had the potential to permanently change Britain for the worse. Of particular concern are the following provisions:

The Secretary of State is empowered at will to disclosed identity related information to a range of authorities including police, Inland Revenue and Customs & Excise. (s.20)
The Secretary of State is empowered to order a person to register for an ID card (s.6(1)), and where the relevant data is known can register the person without consent (s.2(4)). If the person does not comply, an offence will be committed under s.6(4).
The Secretary of State can make an Order at any time for universal compulsion to register (s.7)
The Bill provides for the collection of all file and registration numbers and links these to a central national number. This will permit all arms of government to access personal information (s.4(g))
The Bill creates a score of new offences including refusal to obey an order from the Secretary of State, failure to notify authorities about a damaged or defective card, failure to notify the Secretary of State of any change in personal circumstances - including change of address, failure to obey an order to register and providing false information. Penalties range from £1,000 fine to two years imprisonment, with maximum ten-year imprisonment for possession of forged documents. A penalty of up to £2,500 can be levied for failure to attend an appointment for a biometrics scan (s.6(4)). This fine can be repeated for every subsequent failure to attend (s.6(6)).
Many of the new offences will be prosecuted as a civil matter by the Secretary of State, who will also decides on appeals against the penalties he imposes (s.34).
The Secretary of State has the power to make Orders to change almost every element of the proposed system. This includes the minimum age of a cardholder (currently 16), the information on the card, the uses for the card and the organisations empowered to use it.

Mr Davies described the legislation as a "disgrace to democracy". He predicted that the proposals would be defeated in the Lords, and that they would meet with overwhelming public opposition.