Geraint Bevan

[FOI #4309 email]

Reference: IPS 1215/8

19 December 2008

Dear Dr Bevan,

Thank you for your email of 21 November about the National Identity Scheme.

Schedule 1 of the Identity Cards Act 2006 allows for information to be recorded on an individual's entry on the National Identity Register about occasions when information from their entry has been provided to third parties. Furthermore, Section 3(4) of the Act states that on such an occasion, the information must be recorded in the Register if that information was provided without the consent of the individual in question. Currently, it is planned that a record of any check made against the information on the Register - whether with or without consent - would be recorded. No details of the reason for the check will be included, only the fact that a check was made and by whom.

Where a public sector organisation such as the Identity & Passport Service (IPS) hold personal data about an individual, that individual has the right to be provided with that information in line with the subject access rights established under the Data Protection Act. Ordinarily, this means that the individual should be provided with all of that information. However, there are a number of exemptions outlined in the Data Protection Act where certain information could be withheld from the response - where it would be prejudicial to the prevention and detection of crime, for example. However, each exemption would need to be justified and, as circumstances change, a exemption that had been applied previously may no longer be valid and the information would then be available for release.

Yours faithfully,

On behalf of James Hall, Chief Executive and Registrar General

Identity and Passport Service

Passport Adviceline: 0300 222 0000 (24 hours a day, seven days a week).

Email us at [Identity & Passport Service request email]. Visit our website at www.ips.gov.uk.

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Headquarters

Parliamentary & Correspondence Management Team

8^th Floor, Globe House

89 Eccleston Square

London

SW1V 1PN

Tel (0300) 222 0000

Fax (0870) 336 9175

Email [Identity & Passport Service request email]

Web www.ips.gov.uk