Clause 23 - Rules for using information without individual’s consent
Identity Cards Bill
12:15 pm
Andy Burnham (Parliamentary Under-Secretary, Home Office; Leigh, Labour)
I feel like I am in the headmaster’s study, having to explain myself. I begin by saying to the hon. and learned Gentleman that the clause will give him some reassurance on the concerns raised in regard to the preceding clauses. Clause 23 lays down the rules. It allows the Secretary of State to lay down the rules for the process by which requests for using information will proceed. That is an important safeguard.
The clause uses the word “may”, but it is clear what is being authorised. Subsection (3)(b) refers to
“provision specifying or describing the persons who are entitled to make applications for the provision of information to a person”.
Okay, that might be vague, but what it means is that the rank and seniority needed for a request to be made, and for information subsequently to be provided, can be specified. That directly addresses the concerns of the hon. Member for Lancaster and Wyre about information swirling round organisations. I take his point on that, but the limits to which it can swirl round can be laid down. There can be limits in relation to the rank of the recipient.
Other limits can also be imposed. Paragraph (c) refers to
“provision imposing other requirements as to the manner in which such applications must be made.”
That is the issue at stake in relation to this amendment. This part of the clause allows the Secretary of State to lay out a clear procedure—for instance, that the request must be delivered in writing. That means that there can be a clear audit of the process; it will all be documented. In our view, that will be a safeguard, rather than a weakness that allows any abuse.