Identity Cards Act 2006

3 Information recorded in Register

(1) Information—

(a) may be entered in the Register, and

(b) once entered, may continue to be recorded there,

only if and for so long as it is consistent with the statutory purposes for it to be recorded in the Register.

(2) Information may not be recorded in the Register unless it is—

(a) information the inclusion of which in an individual’s entry is authorised by Schedule 1;

(b) information of a technical nature for use in connection with the administration of the Register;

(c) information of a technical nature for use in connection with the administration of arrangements made for purposes connected with the issue or cancellation of ID cards; or

(d) information that must be recorded in the Register in accordance with subsection (3).

(3) Information about an individual must be recorded in his entry in the Register (whether or not it is authorised by Schedule 1) if—

(a) he has made an application to the Secretary of State requesting the recording of the information as part of his entry;

(b) the information is of a description identified in regulations made by the Secretary of State as a description of information that may be made the subject of such a request; and

(c) the Secretary of State considers that it is both practicable and appropriate for it to be recorded in accordance with the applicant’s request.

(4) An individual’s entry in the Register must include any information falling within paragraph 9 of Schedule 1 that relates to an occasion on which information contained in his entry has been provided to a person without the individual’s consent.

(5) Where—

(a) the Secretary of State and an individual have agreed on what is to be recorded about a matter in that individual’s entry in the Register, and

(b) the Secretary of State has given, and not withdrawn, a direction that what is to be recorded in that individual’s case about that matter is to be determined by the agreement,

there is to be a conclusive presumption for the purposes of this Act that the information to which the direction relates is accurate and complete information about that matter.

(6) The Secretary of State may by order modify the information for the time being set out in Schedule 1.

(7) The Secretary of State must not make an order containing (with or without other provision) any provision for adding information to the information that may be recorded in the Register unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(8) A statutory instrument containing an order which—

(a) contains provisions that the Secretary of State is authorised to make by this section, and

(b) is not an order a draft of which is required to have been laid before Parliament and approved by a resolution of each House,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.