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TitleThe Identity Project
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Total Pages319
Table of Contents
                            Table of Contents
Summary of Conclusions
Conclusions in Detail
The Development of This Report
Overview of the Legislative Proposals
The Government's Consultation Process
National Security, Organised Crime, and Terrorism
International environment and obligations
Identity Fraud
Policing and ID
Race, Discrimination, Immigration and Policing
The Environment of Public Trust
The Legal Environment
Security, Safety and the National Identity Register
The IT Environment in the UK
Cost Assumptions
Cost Projections
Design Principles and Options
An Alternative Blueprint
Appendix 1 - Comparison with HAC Findings
Appendix 2 - Cost Projections
Document Text Contents
Page 1

LSE Research Online


The identity project : an
assessment of the UK Identity
Cards Bill and it's implications

Research coordinators : Simon Davies, Ian Hosein &

Edgar A. Whitley

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You may cite this version as:
Davies, Simon; Hosein, Ian & Whitley, Edgar A. (2005). The identity
project : an assessment of the UK Identity Cards Bill and it's
implicat ions [online]. London: LSE Research Online.
Available at:

This is a copy of a report produced for the Identity Project by the
Department of Information Systems © 2005 London School of
Economics and Political Science

Original available at
Contact LSE Research Online at: [email protected]
mailto:[email protected]

Page 2

The Identity Project
an assessment of the UK Identity
Cards Bill and its implications

Page 160

The LSE Identity Project Report: June 2005 145

The Legal Environment

There are a number of legal implications to the introduction of identity cards in the
United Kingdom. The Government’s approach to identity cards gives rise to particular
legal challenges. In the following sections we will review the existing legal
environment, the implications for data protection laws, likely effects of the cards on
freedom of movement within the EU, and an assessment of biometric passports under
English law.

The Identity Cards Bill raises a number of issues and potential conflicts relating to a
variety of existing laws. The most important of these are:

- A number of elements of the Bill potentially compromise Article 8 (privacy) and
Article 14 (discrimination) of the European Convention on Human Rights.

- The Bill also creates a possible conflict with the right of freedom of movement
throughout the EU for EU citizens. It is arguable that the Identity Cards Bill may
discourage non-UK EU workers from coming to the UK to work and so may
infringe EU principles on the freedom of movement of workers. Furthermore,
EU Directive 68/360 governing the rights and conditions of entry and residence
for workers may make it unlawful for the government to require non-UK EU
citizens to obtain a UK identity card as a condition of residence.

- Because of the difficulty that some individuals may face in registering or
verifying their biometrics there is a potential conflict with UK laws such as the
Disability Discrimination Act and the Race Relations Act.

- The proposals appear to be in direct conflict with the Data Protection Act. Many
of these conflicts arise from the creation of a national identity register, which
will contain a substantial amount of personal data, some of which would be
highly sensitive. The amount of information contained in the register, the
purposes for which it can be used, the breadth of organisations that will have
access to the Register and the oversight arrangements proposed are contentious

- Liability and responsibility for maintaining accuracy of data on the Register,
conducting identity checks and ensuring the integrity of the overall operation of
the scheme has not been resolved. The legislation places requirements on
individuals and organisations that are substantial and wide-ranging, and yet no
indication has been given relating to how liability would be established, who
would assess that liability, or who would police it.

Page 318

The LSE Identity Project Report: June 2005 303

Specific Other Staff Costs Over a 10-Year Period

Enrolment Staff
- Staffing of registration centres for the initial roll-out
- Training for use of systems
- Security training
- Background checks
- Management 838 838 1118

Staff for the National Identity Register
- Security training
- Background Checks
- Call centre employees
- Staff for face-to-face meetings to verify changes to the

- Full public interface (taking into account non-co-

operators) 813 2433 4056

Staff training for public service points
- Accessing Register
- Use of biometric readers 68 97 134

Total staff costs 1719 3368 5308
Design, feasibility, business case (already awarded) 12 12 12
Consultancy and other costs 10 52 105
Total miscellaneous costs 22 64 117

TOTAL 10602 14516 19274

Page 319

Published by the Department of Information
Systems, the London School of Economics
and Political Science, tel: +44 (0)20 7955
7655, email: [email protected],

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