Identity Cards Bill — 30 Jan 2006 at 16:27
moved Amendment No. 75:
Page 21, line 19, leave out "authorised" and insert "that he is authorised to make"
On Question, amendment agreed to.
moved Amendment No. 76:
After Clause 23, insert the following new clause-
"FUNCTIONS OF THE SECRETARY OF STATE IN RESPECT OF DISCLOSURE OF INFORMATION
(1) Notwithstanding the provisions of sections 11 and 19 to 23, the Secretary of State has the following specific functions in respect of the disclosure of information-
(a) to draw up and disseminate to the persons and bodies to whom sections 11 and 19 to 23 apply, guidance as to the disclosure of information between and amongst themselves in a proportionate and necessary way;
(b) to draw up and disseminate to the persons and bodies to whom sections 11 and 19 to 23 apply, guidance as to the circumstances in which it is appropriate for those persons and bodies to disclose information between and amongst themselves in a proportionate and necessary way;
(c) to maintain under review the guidance set out in paragraphs (a) and (b).
(2) In drawing up the guidance set out in subsection (1)(a) and (b), and in reviewing such guidance under subsection (1)(c), the Secretary of State shall consult-
(a) the National Identity Scheme Commissioner;
(b) the Information Commissioner;
(c) such other interested persons and bodies as the National Identity Scheme Commissioner sees fit.
(3) The guidance under subsection (1)(a) and (b) shall in particular make provision as to-
(a) the nature of the information that must or may be disclosed;
(b) procedures designed to ensure the proportionality and necessity of the process of information disclosure;
(c) procedures designed to ensure the accuracy and security of information disclosed;
(d) procedures designed to ensure, where appropriate, the co-ordination of the disclosure of information between and amongst relevant agencies and persons in a proportionate and necessary way;
(e) procedures designed to guarantee, as appropriate, the rights of data subjects in respect of any information about them that may be disclosed;
(f) procedures designed to govern the period for which it is appropriate that information should be disclosed and to ensure appropriate deletion of any information disclosed in compliance with the data protection principles.
(4) This section applies to the persons and bodies identified in sections 11 and 19 to 23 and, as appropriate, any agencies, companies or individuals who may be contracted to work for them or to supply goods and services to them.
(5) The Secretary of State may by regulations subject to affirmative resolution in each House of Parliament proscribe and penalise contravention of any guidance under this section as to collection, sharing, use, holding and disclosure of information."
On Question, Whether the said amendment (No. 76) shall be agreed to?
Their Lordships divided: Contents, 155; Not-Contents, 155.
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