Identity Cards Act 2006

Identity Cards Act 2006

2006 CHAPTER 15

Commentary on Sections

Other purposes for which registered information can be provided

Section 21: Rules for providing information without individual’s consent

136. Subsection (1) provides that provision of information in paragraph 2 of schedule 1 (photograph, signature, fingerprints or other biometric information) under sections 17 to 20 may only be authorised where the Secretary of State is satisfied that it was not reasonably practicable for the person to have obtained the information by another means. For example, if fingerprint information is recorded on the Register, the police would first have to search their own fingerprint records before requesting information to be provided from the Register.

137. Subsections (2) to (4) allow the Secretary of State to make regulations imposing requirements for providing information under sections 17 to 20, such as specifying the persons who may make a request for information and how it is to be made and authorised before any information is provided under sections 17 to 20.

138. Subsection (5) allows the Secretary of State to make regulations setting out the rank, office or position of people who would be authorised to receive information on behalf of those persons listed in sections 17 to 20. For example, a police officer of a specified rank may be authorised to be provided with information on behalf of a chief officer of police.

139. Subsection (6) in effect obliges the Secretary of State to make that portion of the regulations which sets up an accreditation system, because provision of information under sections 17 to 20 will not be lawful unless the recipient has been accredited or is referred to on the face of the Act, e.g. a chief officer of police.

140. Regulations under section 21 will be subject to the affirmative resolution procedure (subsection (7)).