National Identity Cards Scheme creep - 4 Draft Orders laid before Parliament under the Identity Cards Act 2006

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The Labour Government seem to be intent on their freedom and civil liberties "scorched earth" policy of inflicting the controversial centralised biometric database National Identity Register on us ahead of the General Election.

Will Parliament rubber stamp these 4 new Statutory Instruments published today, and kick off the National Identity Register, even before a National Identity Scheme Commissioner is appointed ?

Will the BALPA and UNISON trades unions who represent airside workers at Manchester and London City Airport, take industrial action and finance test cases through the courts, against this discriminatory imposition of ID Cards on them ?

What they want is a single security credential, capable of opening doors and barriers to gain access "Airside", which is valid at all UK airports. This National ID Cards is just another bit of plastic to look after, which will do nothing to provide any extra security at airports whatsoever.

Please join or support the cross party NO2ID Campaign who will be will marshalling some effective opposition to this Database State function creep.

4 Draft Orders laid before Parliament under the Identity Cards Act 2006, for approval by resolution of each House of Parliament:

The Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009

2. In paragraph 6 of Schedule 1 to the 2006 Act (information that may be recorded in the Register) after paragraph (g) insert--

(ga) particulars of every person who has been named as a referee by the individual on an application for an ID card or a designated document, so far as those particulars were included on the application;".

[...]

(i) any credit reference agency which, at the time when the particular requirement is imposed under section 9 of the 2006 Act, is a party to a contract for the supply of information for the purposes of the carrying out by the Secretary of State of functions under that Act.

The Identity Cards Act 2006 (Fees) Regulations 2009

Prescribed fees

2.--(1) Subject to regulation 3, the fee for an application to be entered in the Register is £30.

(2) Subject to regulations 3 and 4, the fee for an application for the issue of an ID card is £30.

Exemptions for airside workers

3. No fee is payable for an application to be entered in the Register or for the issue of an ID card, if at the relevant time the applicant--

(a) holds an airside pass in respect of Manchester or London City Airport;

(b) holds employment for which such a pass is required; or

(c) has been offered employment for which such a pass is required.

General exemptions from the fee for an application for the issue of an ID card

4. No fee is payable for an application for the issue of an ID card in a case where--

(a) the application accompanies an application to be entered in the Register; or

The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

Provision of information to another person

3.--(1) Subject to regulations 4 and 5, information that may be provided under any of sections 17 to 20 of the 2006 Act to--

(a) a chief officer of police;

(b) the Director-General of the Security Service;

(c) the Chief of the Secret Intelligence Service;

(d) the Director of the Government Communication Headquarters;

(e) the Director General of the Serious Organised Crime Agency; or

(f) subject to paragraph (5), the Commissioners for Her Majesty's Revenue and Customs,

may be provided instead to another person if the conditions set out in paragraph (2) are satisfied.

and

(b) make a record of--

(i) the name of the person requesting the information under any of sections 17 to 20 of the 2006 Act;

(ii) the date and time of the request;

(iii) the reason for the request, including the reason why it was considered necessary and proportionate to request all the relevant information; and

(iv) the information which was provided pursuant to the request,

and retain that record for 12 months from the date the request was made, unless the Commissioner and the Secretary of State are satisfied that the record no longer needs to be retained;

5 (2) (c) (ii) the use of an ID card;

Why are the HMRC tax inspectors going to have access, without your consent to the supposedly confidential biometric personal data and to audit trail of each and every electronic verification of the of the ID Card against the centralised NIR database ?


The Identity Cards Act 2006 (Designation) Order 2009

2) In this Order -

"airside pass" means a pass allowing the person to whom it has been issued unaccompanied access to a restricted zone or to part of a restricted zone;

"person subject to immigration control" means a person who under the Immigration Act 1971(2) requires leave to enter or remain in the United Kingdom (whether or not such leave has been given); and

"restricted zone" means an area designated by the Secretary of State under section 11A of the Aviation Security Act 1982(3) (Designation of restricted zones).

UPDATE: The Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009 brings into force the:

'The Identity Cards Act 2006, Code of Practice on Civil Penalties (.pdf)

As usual with this complicated legislation, the Government fails to explain why sneaky exemptions to natural justice and the rule of law are being smuggled in to this legislation e.g in the The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

Why are there exemptions from reporting

Provision of information requirements

[....]

5 (2)

d) inform the Secretary of State if that person, or anyone acting on that person's behalf, has reasonable grounds for suspecting that an individual has committed or is attempting to commit an offence relating to the Register or an identity document, unless doing so would prejudice--

(i) the prevention or detection of crime; or

(ii) the interests of national security;

(e) co-operate with any investigations by the Secretary of State into suspected fraudulent activity relating to the Register or an identity document, unless doing so would prejudice--

(i) the prevention or detection of crime; or

(ii) the interests of national security;

Why should the duty to inform or cooperate with investigations by the Secretary of State about attempts to compromise the integrity or security of the National Identity Register database or an individual identity document be prevented ?

Can the Home Office not be trusted with such information ?

Just in case you thought that that was the end of the bureaucratic and legalistic red tape, there are a further 6 planned Statutory Instruments, making it 10 in all:


According to this

Explanatory Memorandum to the Identity Cards Act (Provision of Information Without Consent) regulations 2009.

There are still another 2 Statutory Instruments are set to be published in May 2009:

  • Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009, which prescribe various matters in relation to applications for entry on the National Identity Register, applications for an ID card and notification of changes and make provision in relation to place of residence.

  • The Identity Cards Act 2006 (Prescribed Information) Regulations 2009, which prescribe information that must be recorded on an ID card or an
    identification card and other prescribed requirements and facts.

Another 4 Statutory Instruments are set to be published in June 2009:

4.3 In addition, four instruments subject to the negative resolution procedure will be laid before Parliament in June 2009. They are as follows:

  • The Identity Cards Act 2006 (Entitlement to be Registered) Regulations 2009, which prescribe, in addition to those specified in section 2 of the Identity Cards Act, those people who are entitled to be registered on the National Identity Register.

  • The National Identity Registration Number Regulations 2009, which specify the format with which the number must comply

  • The Identity Cards Act 2006 (Civil Penalties) Regulations 2009, which prescribe the manner in which a penalty notice would be issued and the way in which any objection to a penalty may be made.

  • The Identity Cards Act 2006 (Provision of Information with Consent) Regulations 2009, which prescribe the way that consent may be given and the particulars that must be provided before any organisation can be approved as suitable for the provision of information with consent, as well as the conditions that must be met before information can be provided.

1 Comments

It is now June, and there is still no sign of the remaining two detailed Statutory Instruments which were due to have been published in May:

  • Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009, which prescribe various matters in relation to applications for entry on the National Identity Register, applications for an ID card and notification of changes and make provision in relation to place of residence.

  • The Identity Cards Act 2006 (Prescribed Information) Regulations 2009, which prescribe information that must be recorded on an ID card or an identification card and other prescribed requirements and facts.


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This United Kingdom based blog attempts to draw public attention to, and comments on, some of the current trends in ever cheaper and more widespread surveillance technology being deployed to satisfy the rapacious demand by state and corporate bureaucracies and criminals for your private details, and the technological ignorance of our politicians and civil servants who frame our legal systems.

The hope is that you the readers, will help to insist that strong safeguards for the privacy of the individual are implemented, especially in these times of increased alert over possible terrorist or criminal activity. If the systems which should help to protect us can be easily abused to supress our freedoms, then the terrorists will have won.

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Everyone’s Guide to By-Passing Internet Censorship for Citizens Worldwide (.pdf - 31 pages), by the Citizenlab at the University of Toronto.

Handbook for Bloggers and Cyber-Dissidents - March 2008 version - (2.2 Mb - 80 pages .pdf) by Reporters Without Borders

Reporters Guide to Covering the Beijing Olympics by Human Rights Watch.

A Practical Security Handbook for Activists and Campaigns (v 2.6) (.doc - 62 pages), by experienced UK direct action political activists

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Bichard Inquiry delving into criminal records and "soft intelligence" policies highlighted by the Soham murders. (taken offline by the Home Office)

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NIR and ID cards

Stand - email and fax campaign on ID Cards etc. [Now defunct]. The people who supported stand.org.uk have gone on to set up other online tools like WriteToThem.com. The Government's contemptuous dismissal of over 5,000 individual responses via the stand.org website to the Home Office public consultation on Entitlement Cards is one of the factors which later led directly to the formation of the the NO2ID Campaign who have been marshalling cross party opposition to Labour's dreadful National Identity Register compulsory centralised national biometric database and ID Card plans, at the expense of simpler, cheaper, less repressive, more effective, nore secure and more privacy friendly alternative identity schemes.

NO2ID - opposition to the Home Office's Compulsory Biometric ID Card
NO2ID bulletin board discussion forum

Home Office Identity Cards website
No compulsory national Identity Cards (ID Cards) BBC iCan campaign site
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CASNIC - Campaign to STOP the National Identity Card.
Defy-ID active meetings and protests in Glasgow
www.idcards-uk.info - New Alliance's ID Cards page
irefuse.org - total rejection of any UK ID Card

International Civil Aviation Organisation - Machine Readable Travel Documents standards for Biometric Passports etc.
Anti National ID Japan - controversial and insecure Jukinet National ID registry in Japan
UK Biometrics Working Group run by CESG/GCHQ experts etc. the UK Government on Biometrics issues feasability
Citizen Information Project feasability study population register plans by the Treasury and Office of National Statistics

CommentOnThis.com - comments and links to each paragraph of the Home Office's "Strategic Action Plan for the National Identity Scheme".

De-Materialised ID - "The voluntary alternative to material ID cards, A Proposal by David Moss of Business Consultancy Services Ltd (BCSL)" - well researched analysis of the current Home Office scheme, and a potentially viable alternative.

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National Roads Telecommunications Services project - infrastruture for various mass surveillance systems, CCTV, ANPR, PMMR imaging etc.

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Every Step You Take a documentary about CCTV surveillance in the Uk by Austrian film maker Nino Leitner.

Transport for London an attempt at a technological panopticon - London Congestion Charge, London Low-Emission Zone, Automatic Number Plate Recognition cameras, tens of thousands of CCTV cameras on buses, thousands of CCTV cameras on London Underground, realtime road traffic CCTV, Iyster smart cards - all handed over to the Metropolitan Police for "national security" purposes, in real time, in bulk, without any public accountibility, for secret data mining, exempt from even the usual weak protections of the Data Protection Act 1998.

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Postnote February 2006 Number 258 - National DNA Database (.pdf) - Parliamentary Office of Science and Technology

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Miscellanous Links

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The BUPA Seven - whistleblowers badly let down by the system.

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Famous for 15 Megapixels

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Beau Bo D'Or blog by an increasingly famous digital political cartoonist.

Between Both Worlds - "Thoughts & Ideas that Reflect the Concerns of Our Conscious Evolution" - Kingsley Dennis

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Matt Wardman political blog analysis

Henry Porter on Liberty - a leading mainstream media commentator and opinion former who is doing more than most to help preserve our freedom and liberty.

HMRC is shite - "dedicated to the taxpayers of Britain, and the employees of the HMRC, who have to endure the monumental shambles that is Her Majesty's Revenue and Customs (HMRC)."

Head of Legal - Carl Gardner a former legal advisor to the Government

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World's First Fascist Democracy - blog with link to a Google map - "This map is an attempt to take a UK wide, geographical view, of both the public and the personal effect of State sponsored fear and distrust as seen through the twisted technological lens of petty officials and would be bureaucrats nationwide."

Blogoir - Charles Crawford - former UK Ambassodor to Poland etc.

No CCTV - The Campaign against CCTV

Barcode Nation - keeping two eyes on the database state.

Lords of the Blog - group blog by half a dozen or so Peers sitting in the House of Lords.

notes from the ubiquitous surveillance society - blog by Dr. David Murakami Wood, editor of the online academic journal Surveillance and Society

Justin Wylie's political blog

Panopticon blog - by Timothy Pitt-Payne and Anya Proops. Timothy Pitt-Payne is probably the leading legal expert on the UK's Freedom of Information Act law, often appearing on behlaf of the Information Commissioner's Office at the Information Tribunal.

Armed and Dangerous - Sex, software, politics, and firearms. Life’s simple pleasures… - by Open Source Software advocate Eric S. Raymond.

Georgetown Security Law Brief - group blog by the Georgetown Law Center on National Security and the Law , at Georgtown University, Washington D.C, USA.

Big Brother Watch - well connected with the mainstream media, this is a campaign blog by the TaxPayersAlliance, which thankfully does not seem to have spawned Yet Another Campaign Organisation as many Civil Liberties groups had feared.

Spy on Moseley - "Sparkbrook, Springfield, Washwood Heath and Bordesley Green. An MI5 Intelligence-gathering operation to spy on Muslim communities in Birmingham is taking liberties in every sense" - about 150 ANPR CCTV cameras funded by Home Office via the secretive Terrorism and Allied Matters (TAM) section of ACPO.

FitWatch blog - keeps an eye on the activities of some of the controversial Police Forward Intelligence Teams, who supposedly only target "known troublemakers" for photo and video surveillance, at otherwise legal, peaceful protests and demonstrations.

Other Links

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UK Legislation

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It is not just the UK government which tries to snoop on British companies, organisations and individuals, the rest of the world is constantly trying to do the same, regardless of the mixed efforts of our own UK Intelligence Agencies who are paid to supposedly protect us from them.

For no good reason, the Foreign and Commonwealth Office only keeps the current version of the London Diplomatic List of accredited Diplomats (including some Foreign Intelligence Agency operatives) online.

Presumably every mainstream media organisation, intelligence agency, serious organised crime or terrorist gang keeps historical copies, so here are some older versions of the London Diplomatic List, for the benefit of web search engine queries, for those people who do not want their visits to appear in the FCO web server logfiles or those whose censored internet feeds block access to UK Government websites.

Campaign Button Links

Watching Them, Watching Us - UK Public CCTV Surveillance Regulation Campaign
UK Public CCTV Surveillance Regulation Campaign

NO2ID Campaign - cross party opposition to the NuLabour Compulsory Biometric ID Card
NO2ID Campaign - cross party opposition to the NuLabour Compulsory Biometric ID Card and National Identity Register centralised database.

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.
Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

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FreeFarid.com - Kafkaesque extradition of Farid Hilali under the European Arrest Warrant to Spain

Peaceful resistance to the curtailment of our rights to Free Assembly and Free Speech in the SOCPA Designated Area around Parliament Square and beyond
Parliament Protest blog - resistance to the Designated Area restricting peaceful demonstrations or lobbying in the vicinity of Parliament.

Petition to the European Commission and European Parliament against their vague Data Retention plans
Data Retention is No Solution - Petition to the European Commission and European Parliament against their vague Data Retention plans.

Save Parliament: Legislative and Regulatory Reform Bill (and other issues)
Save Parliament - Legislative and Regulatory Reform Bill (and other issues)

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Open Rights Group

The Big Opt Out Campaign - opt out of having your NHS Care Record medical records and personal details stored insecurely on a massive national centralised database.

Tor - the onion routing network
Tor - the onion routing network - "Tor aims to defend against traffic analysis, a form of network surveillance that threatens personal anonymity and privacy, confidential business activities and relationships, and state security. Communications are bounced around a distributed network of servers called onion routers, protecting you from websites that build profiles of your interests, local eavesdroppers that read your data or learn what sites you visit, and even the onion routers themselves."

Tor - the onion routing network
Anonymous Blogging with Wordpress and Tor - useful Guide published by Global Voices Advocacy with step by step software configuration screenshots (updated March 10th 2009).

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Amnesty International's irrepressible.info campaign

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BlogSafer - wiki with multilingual guides to anonymous blogging

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NGO in a box - Security Edition privacy and security software tools

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Home Office Watch blog, "a single repository of all the shambolic errors and mistakes made by the British Home Office compiled from Parliamentary Questions, news reports, and tip-offs by the Liberal Democrat Home Affairs team."

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Reporters Without Borders - Reporters Sans Frontières - campaign for journalists 'and bloggers' freedom in repressive countries and war zones.

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Committee to Protect Bloggers - "devoted to the protection of bloggers worldwide with a focus on highlighting the plight of bloggers threatened and imprisoned by their government."

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Icelanders are NOT terrorists ! - despite Gordon Brown and Alistair Darling's use of anti-terrorism legislation to seize the assets of Icelandic banks.

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No CCTV - The Campaign Against CCTV

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I'm a Photographer Not a Terrorist !

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Power 2010 cross party, political reform campaign

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Cracking the Black Box - "aims to expose technology that is being used in inappropriate ways. We hope to bring together the insights of experts and whistleblowers to shine a light into the dark recesses of systems that are responsible for causing many of the privacy problems faced by millions of people."

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Open Rights Group - Petition against the renewal of the Interception Modernisation Programme

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WhistleblowersUK.org - Fighting for justice for whistleblowers