The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

Provision of information requirements

5.—(1) Subject to paragraphs (4) and (5), the Secretary of State may only provide information under any of sections 17 to 20 of the 2006 Act—

(a) to a person specified in any of those sections; or

(b) instead to another person who is authorised in accordance with regulation 3 to be a recipient of the information,

if the requirements set out in paragraph (2) are satisfied.

(2) The requirements referred to in paragraph (1) are that the Secretary of State is satisfied that—

(a) the person referred to in paragraph (1)(a) will carry out the activities set out in paragraph (3)(a) and (b) and, where appropriate, (c) to (g); and

(b) any information which constitutes personal data, will be processed by the data controller who receives it under any of those sections, in compliance with the Data Protection Act 1998.

(3) The activities referred to in paragraph (2)(a) are to—

(a) monitor whether the activities set out in sub-paragraphs (b) to (f) are being carried out;

(b) make a record of—

(i) the name of the person requesting the information under any of sections 17 to 20 of the 2006 Act;

(ii) the date and time of the request;

(iii) the reason for the request, including the reason why it was considered necessary and proportionate to request all the relevant information; and

(iv) the information which was provided pursuant to the request,

and retain that record for 12 months from the date the request was made, unless the Commissioner and the Secretary of State are satisfied that the record no longer needs to be retained;

(c)

provide the Commissioner, or a member of the Commissioner’s staff, if requested, with all such information as they may reasonably require for the purpose of carrying out the Commissioner’s functions insofar as they relate to—

(i)

the arrangements made by the persons referred to in paragraph (1)(a) and (b) for obtaining information under any of sections 17 to 20 of the 2006 Act and for recording and using it; or

(ii)

the use of an ID card;

(d)

inform the Secretary of State if that person, or anyone acting on that person’s behalf, has reasonable grounds for suspecting that an individual has committed or is attempting to commit an offence relating to the Register or an identity document, unless doing so would prejudice—

(i)

the prevention or detection of crime; or

(ii)

the interests of national security;

(e)

co-operate with any investigations by the Secretary of State into suspected fraudulent activity relating to the Register or an identity document, unless doing so would prejudice—

(i)

the prevention or detection of crime; or

(ii)

the interests of national security;

(f)

report promptly any failures or suspected failures to carry out the activities set out in sub-paragraphs (a) to (e) to the Secretary of State; and

(g)

assist the Secretary of State, insofar as is reasonably practicable, in order that the Secretary of State can be satisfied that the activities set out in sub-paragraphs (a) to (f) are being carried out.

(4) If the Secretary of State is satisfied that another person will carry out any of the activities set out in paragraph (3) on behalf of the person referred to in paragraph (1)(a), the requirement imposed under paragraph (2) will, insofar as it is relates to those activities, be satisfied.

(5) In a case where a person referred to in paragraph (1)(a) is a member of the intelligence services, the references in paragraph (3)(b) and (c) to the Commissioner, in so far as it relates to that person, should be read as references to the Intelligence Services Commissioner.