A Bill to build the database state
3 December 2008
The Coroners and Justice Bill, to be announced in today's Queen's Speech and expected to be rushed through First Reading in the Commons this Friday, will contain extraordinary new data-sharing powers [1], which could be exercised by regulation without Parliamentary debate.
NO2ID [2] points out that these powers would allow the government effectively to set aside not just the Data Protection Act and data protection principles when it suits, but the much more fundamental protections of Articles 6 and 8 of the ECHR/HRA [3], of common law confidentiality, and of
ultra vires. This goes far beyond data protection, into administrative and constitutional law. It is a Bill to build the database state, concealed under a misleading name.
The Ministry of Justice will be tacking onto the Coroners and Justice Bill powers it decided to adopt from the Thomas/Walport Information Sharing Review [4]. In public statements [5], these are presented as more powers and funding for the Information Commissioner and more access to personal medical data for commercial and academic researchers. To a more select audience, Jack Straw highlighted new 'fast track' data-sharing powers which he said will "simplify the data protection framework and remove any unnecessary obstacles to data sharing" [6].
Phil Booth, NO2ID National Coordinator said:
"Rather than protecting our personal information, as it should be, the government is cutting away safeguards for its own data-trafficking convenience. This is a Bill to smash the rule of law and build the database state in its place.
"Burying sweeping constitutional change in obscure Bills is an appalling approach. Having proved - and admitted - they cannot be trusted to look after our secrets, they are still determined to steal what privacy we have left. Parliament needs to wake up before it has no say any more."
NO2ID, Liberty and others have already commented [7] on sweeping powers in the proposed - and still only partially-drafted - Immigration and Citizenship Bill, also announced today, that will affect every British citizen. These include the requirement to produce official ID on demand that would make ID cards (or your passport) effectively compulsory to carry; the compulsory registering and reporting of hotel and B&B guests; employment checks which make Home Office systems the arbiter of everyone's right to work.
Phil Booth, NO2ID National Coordinator said:
"This Bill to 'simplify immigration' will affect everyone. It even changes what it means to be British. Clearly the Home Office already thinks of citizens as suspects; this law would make it so."
-ENDS-
Notes for editors:
1) Recommendation 8(a) of the Thomas/Walport Review states: ".Primary legislation should provide the Secretary of State, in precisely defined circumstances, with a power by Order, subject to the affirmative resolution procedure in both Houses, to remove or modify any legal barrier to data sharing by: repealing or amending other primary legislation; changing any other rule of law (for example, the application of the common law of confidentiality to defined circumstances); or creating a new power to share information where that power is currently absent."
2) NO2ID is the UK-wide non-partisan campaign against ID cards and the database state. See http://www.no2id.net/dbstate.php for a list of 'database state' initiatives that NO2ID is actively opposing.
3) ECHR, the European Convention on Human Rights, pre-dates the formation of the EU and was adopted in British law as the Human Rights Act (HRA) in 1998. Article 8 is the right to privacy and Article 6, the presumption of innocence - which, e.g. data profiling or matching or false biometric matches will contravene.
4) See 'Government Information Sharing Review - "Read the small print," says NO2ID', 25/11/08:
http://www.no2id.net/news/pressRelease/release?name=Read_the_small_print5) The official MoJ press statement -
http://www.justice.gov.uk/news/newsrelease241108a.htm - makes no mention whatsoever of the new procedures that will minimise Parliamentary scrutiny of data-sharing powers.
6) See
http://www.civilservicenetwork.com/latest-news/news-article/newsarticle/information-sharing-to-be-easier/ - which sends a completely different message to a Civil Service audience.
7) For an analysis of the Draft (Partial) Immigration and Citizenship Bill, see NO2ID's briefing to the Joint Committee on Human Rights, submitted in October 2008:
http://www.no2id.net/IDSchemes/NO2IDsubmissionToJCHRonDraftIACBoct08.pdfFor further information, or for immediate or future interview, please contact:
Phil Booth (National Co-ordinator, national.coordinator@no2id.net) on 07974 230 839
Guy Herbert (General Secretary, general.secretary@no2id.net) on 07956 544 308
Michael Parker (Press Officer, press.officer@no2id.net) on 07773 376 166
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