Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

1999 CHAPTER 33

Commentary on Sections

Schedule 14: Consequential amendments

Section 13: Proof of identity of persons to be removed or deported

66. Many of those individuals awaiting removal from the United Kingdom are not in possession of a travel document, which is needed before removal can proceed. Securing a travel document without proof of identity is difficult in many cases. The purpose of this section is to allow the release of fingerprints to the appropriate national authorities, where necessary, to secure the provision of a travel document. Subsections (1) and (2) provide for the release of fingerprint data to the authorities of other countries where they require such data in circumstances where their nationals are to be removed from the United Kingdom but do not have valid passports or identity documents which permit travel.

67. Subsection (3) protects the confidentiality of an asylum seeker by ensuring that the Secretary of State cannot release information about whether the individual concerned has made an application for asylum.

68. The result of subsection (4) is that, as the release of data under subsection (2) is treated as necessary for reasons of substantial public interest, the eighth principle of Schedule 1 to the Data Protection Act 1998 will not apply. The eighth principle states that the transfer of personal data to countries outside the EEA is forbidden unless the country concerned ensures an adequate level of protection in relation to the processing of that data.