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Summary of response to the Consultation Paper: "Monitoring and Regulation of Migration"
- A formal response to the Paper was published by this office in October 2004. For the purposes o Scrutiny, a summary of the points raised in that response are contained below.
- The first point to make is that any scheme which includes allocating a unique perso identification and relates directly to a central population register controlled by government r clear and significant data protection and general privacy issues. Page 13 of the consultation p states consideration has been given to the data protection issues arising'. There is, however, no evid that this is the case. This is important because any government project should result fro thorough and transparent discussion as to the appropriateness of the response bearing in min overall objective. Government policy responses such as this need to be a demonstr proportionate response to a particular issue.
- The eight data protection principles are comprehensive and need to be addressed in detail.
- It is suggested that legislation be drafted to empower the collection and processing of information. It is important to have details of enforcement and sanctions.
- Schedule 1 Part 2 of the new Data Protection Law states for the purposes of the first principle, per data that contain a general identifier falling within such a description as may be prescribed in Regulation not to be treated as processed fairly and lawfully unless they are processed in compliance with any cond so prescribed in relation to general identifiers of that description'. The paper clearly indicates that intention is to use a general identifier. Regulations will therefore be required.
- Page 12 of the paper emphasises the fact that the registration card has wide use throughout pu sector services'. It also recognises that the concept extends beyond the immediate requirement monitoring inward migration'. In order to prevent function creep, all intended purposes need explicitly detailed and subsequently debated. I refer back to point 1 - The issue being tackled n to be unequivocally set out – only then will we be able to have the discussion about whethe response is proportionate.
- Details should be provided on who is to be considered the data controller' of the database accordance with the Law.
- Detailed consideration must be given to the extensive security issues that arise from a ce database, unique identifier and registration cards. Who is responsible for the accuracy of the d Who is to be allowed access to the data? What sort of audit trail is to be available? What wi procedures be for detecting and dealing with unauthorised access or processing? How will the of ID theft be tackled?
- Any information held on the register/card should be the minimum required to fulfil the pur The wide range of potential and as yet undefined purposes as alluded to in the paper mak difficult to determine this in any detail. The ability to provide an overview of the various p services being accessed in order to build up a profile of an individual's activities or circumsta must be strictly limited and controlled. The fact that the database could relate to every p service department inevitably means that there is enormous potential for the government to co very detailed and often personal information about every one of us, from schooling informati medical appointments. The Paper talks of the intention to trail' individuals in this respect. W
exactly does that mean?
- The Paper talks of amendments to the Data Protection Law. Bearing in mind the scrutiny our protection legislation will have from Europe, any intention to amend the Law in any way nee be discussed in detail with this office.
- this is not just about citizens having a piece of plastic to identify themselves..it's about the amoun nature of the information held about every citizen and how that's going to be used in a wide ran activities'. R. Thomas speaking at the Commons Home Affairs Select Committee Inquiry.
Emma Martins
Data Protection Registrar May 2005