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Identity in Focus - National ID Card Scheme and new laws on ID Fraud
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Identity in Focus - National ID Card Scheme and new laws on ID Fraud - April 26th 2004 David Blunkett published
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11 June 2004
Eversheds Identity in Focus - National ID Card Scheme and new laws on ID Fraud
On April 26th 2004 David Blunkett published, for public consultation, his proposals for legislation for the National ID Card scheme. The Consultation Paper and draft legislation, which can be viewed on the Home Office web site (www.homeoffice.gov.uk), invites general comments as well as specific drafting comments on the legislative proposals. Its purpose is to allow the Government to test and refine the proposals before they finally introduce the legislation into Parliament. It is intended that the scheme for the ID Card be introduced gradually over a number of years. The Card would include basic personal information, a photograph and a "biometric" such as facial recognition, iris scans or fingerprints. The government plans that the card will take the form of a biometric passport which will be upgraded when it comes up for renewal. The proposals also set out that all EU and foreign nationals residing in the UK for more than three months will need to purchase a biometric residence permit. The cards would be linked to a national secure database, containing various information from the card. Government figures project that 80 per cent of UK adults would have an ID card by 2013 if passports and driving licences are issued on the proposed biometric basis. A Home Office press release (dated 26th April 2004) stated that "the Government, through Parliament, would make ID cards compulsory when the technology is seen to be working, take-up reaches an appropriate level and public acceptability of the card enables the implementation of a universal scheme. It will not be compulsory to carry a card." Government statistics suggest that 80 per cent of people are in favour of ID cards. The key rationale for the scheme is that it would: But privacy concerns continue to pervade the debate. Currently, the proposed Bill permits extensive tracking and recording of a citizens' use of the Card. Law enforcement agencies and security services will be allowed to have access to these records for purposes "connected with" serious crime. The records are additional to the data kept within the central registry database. Annex 4 of the Explanatory Memorandum, which is attached to the draft Bill, sets out that the personal data attached to the use of the Card will be kept indefinitely. The way in which the proposed bill is currently drafted means that disclosures to law enforcement agencies and the security services which you might expect to be kept in check under the Data Protection Principles are likely to be permitted in most situations. There is no statutory obligation for details of disclosures to these agencies to be retained anywhere. This means that the National ID Card Commissioner and the Information Commissioner (who are likely to oversee the Card Scheme) will arguably be limited in their ability to do this properly, as there will be no certainty as to who has accessed the details and it will, therefore, be difficult to assess whether these "access" rights are being abused. One area of the proposed legislation which is likely to be welcomed is its new laws on ID Fraud. Amongst other offences, it will be an offence for a person to have in their possession false or improperly obtained documents or an identity document relating to someone else. Breach of the laws would make an offender liable to imprisonment of up to ten years and / or to a fine up to the statutory maximum. Previously, the laws under which an identity thief or "Phisher" may have been prosecuted often did not adequately cover the actions of the offender. Whilst there are clear benefits which are achievable by the introduction of identity cards, particularly in relation to identity fraud; equally it is clear that in order to be both acceptable to people and workable, the government will have to ensure that concerns over threats to fundamental rights of privacy and civil liberty are allayed - both in the legislation itself and by good application of secure IT. It seems likely that many of the comments on the proposals will touch upon concerns over privacy and civil freedoms. The closing date for submitting comments on the Consultation is 20th July 2004. The results are likely to be published shortly thereafter. Charlotte Walker-Osborn -------------------------------------------------- |
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