Responding to the Government's consultation paper on Entitlement
Cards and Identity Fraud, Information Commissioner Richard Thomas
claimed that the scheme needs to be focused, otherwise it would be
"impossible to conclude that the necessary privacy and data
protection safeguards will be in place."
"The Government's efforts to consult widely on its proposals are
welcome, as is its recognition that for any scheme to proceed, data
protection and privacy concerns must be addressed," the Information
Commissioner said.
He added: "However, the present proposals raise a number of
serious concerns that must be remedied if the scheme is to meet the
requirements of data protection law."
The Information Commissioner specifically identified six areas
of concern:
The need to guard against "function creep" – especially the risk
that greater state monitoring of individuals' activities will be
helped by recording these in a central register;
The problems of relying on existing databases of questionable
quality;
Keeping personal details accurate and up to date;
Stopping the card itself becoming the target for identity
fraudsters;
The difficulties in restricting the wider use of the card and
the unique personal ID number in situations where these are not
really needed; and
Excessive amounts of information displayed on the card and the
dangers of misuse by others who see this.
Richard Thomas said he does see benefits to individuals "in
having an effective and secure way of proving their identity." He
believes, however, that establishing a data protection compliant
scheme will be "challenging."
According to the Information Commissioner, this would require a
strict statutory framework and an effective mechanism of primary
legislation.
In addition, he suggested, there should be administration by an
independent statutory body, strict limitations to the amount of
information held on a card and effective sanctions for misuse.
Finally, Thomas said, the scheme would require a reliable method
of identity validation, possible with the use of biometric
technology, and strengthened data protection supervision and
inspection powers.
Thomas concluded:
"We must be under no illusion. We are dealing with matters
touching on the very nature of the society in which we live. There
must be greater clarity about the main purposes behind an
effectively mandatory entitlement card. Why do we need the massive
infrastructure which will require the highest level of identity
validation for the most mundane of services? How can we be sure
that the unique personal number and a central register will never
be used to track all our various interactions with the state and
others?
"If the government intends to pursue the matter, then it should
bring forward another set of more narrowly focused proposals
together with a draft bill making clear the safeguards that will be
put in place. I look forward to working with the government to
ensure that any further detailed proposals are fully compliant with
data protection requirements".
The full text of the Information Commissioner's submission to
the consultation is available at:
www.dataprotection.gov.uk/dpr/dpdoc1.nsf
