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"Big Brother?": Great Britain's National Identification Scheme Before the European Court of Human Rights
BIG SUCCESS OR "BIG BROTHER?": GREAT BRITAIN'S NATIONAL IDENTIFICATION SCHEME BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS Jennifer Morris* TABLE OF CONTENTS INTRODUCTION ......................................... 445 A. The UnitedKingdom's Identity Cards Act ................. 445 B. The Security-PrivacyDebate ........................... 446 C. The Privacy Landscape in the United Kingdom ............. 447 D. Overview ........................................... 44 9 II. PRIVACY INTHE UNITED KINGDOM ......................... 450 A. Early Domestic Law .................................. 450 B. Changes in the PrivacyLandscape-The Data ProtectionAct and the Human Rights Act ................. 451 1. The Data ProtectionAct ............................ 451 2. The Human Rights Act .............................. 454 C. Public Opinion ...................................... 455 1. Public Supportfor the Identity Cards Act ............... 455 2. Public Response to Previous National Identification Schemes in the United Kingdom ........... 456 3. Three Objections to the Identity CardsAct .............. 457 4. The Response of Other Governmental Entities ........... 458 III. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ITS PROTECTION OF THE RIGHT TO PRIVACY ..................... 459 A. The Convention ...................................... 459 B. Article 8 Interferences (Triggers) ........................ 460 C. "In Accordance with the Law"........................ 461 D. Legitimate Aims ..................................... 463 E. "Necessary in a Democratic Society" -
2009 No. 2793 IDENTITY CARDS the Identity Cards Act 2006
STATUTORY INSTRUMENTS 2009 No. 2793 IDENTITY CARDS The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009 Made - - - - 19th October 2009 Coming into force - - 20th October 2009 The Secretary of State, in exercise of the powers conferred by sections 17(5)(a), 21(2)(a), (4)(a) and (5), 40(4) and 42(1)(b) of the Identity Cards Act 2006(c), makes the following Regulations. In accordance with sections 17(8) and 21(7) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament. Citation, commencement and interpretation 1.—(1) These Regulations may be cited as the Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009 and shall come into force on the day after the day on which they are made. (2) In these Regulations— “Commissioner” means the National Identity Scheme Commissioner(d); “consular functions” has the meaning given to it in Article 5 of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;(e); “identity document” has the meaning given to it in section 26 of the 2006 Act; “intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ (as defined in section 3(3) of the Intelligence Services Act 1994)(f); “officer of Revenue and Customs” means a member of staff appointed by the Commissioners for Her Majesty’s Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005(g); “passport” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971(h)); or (b) a document that can be used (in some or all circumstances) instead of a United Kingdom passport; (a) Section 17(7) contains a limit on the enabling powers in subsection (5). -
An Update on the UK Coalition Government's
Statewatch Analysis Six months on: An update on the UK coalition government’s commitment to civil liberties Max Rowlands Contents Part I Introduction Part II The proposed measures 1. The Freedom (Great Repeal) Bill 2. Identity cards, the National Identity Register and the ContactPoint database 3. Fingerprinting in schools 4. The Freedom of Information Act 5. The DNA database 6. The right to trial by jury 7. The right to protest 8. Libel laws 9. The misuse of anti-terrorism legislation 10. The regulation of CCTV 11. The retention of communications data 12. The proliferation of unnecessary criminal offences 13. The Human Rights Act Part III What other reforms are needed? 14. The “database state” 15. The Digital Economy Act 16. Anti-social behaviour legislation 17. Anti-terrorism legislation Part IV Conclusion 1 Part I: Introduction Within weeks of its formation in May 2010, the coalition government announced with much fanfare its intention “to restore the rights of individuals in the face of encroaching state power.” An easy victory over Labour’s politically bankrupt National Identity Scheme followed, but since then the government’s approach has been characterised by caution and pragmatism rather than an unerring commitment to liberty. This is largely because there are splits within government on many of the key civil liberties issues that fundamentally define the relationship between citizen and state: how long and under what conditions can the government detain us, to what extent should the state surveil us, and what data on us should it hold? These internal divisions have been compounded by significant pressure from the civil service and security agencies to retain Labour policies that served to empower them. -
MS Annual Report Dec 05.Qxd
December 2005 Parliamentary News Martin Salter’s Eighth Annual Report to Constituents Reading West Constituency – which includes: Pangbourne, Purley, Tilehurst, Theale, Calcot, Coley, Norcot, Southcote, Whitley and the Oxford Road Working for Reading West Since he was first elected as Member of Parliament in 1997 Martin Salter has established a reputation as a hard-working constituency MP who gets results for local people. Martin believes in keeping in touch with his constituents and produces an Annual Report setting out what he has been doing on your behalf during the last year. “ Dear Resident 2005 has been a year of triumphs and disasters. It began with the awful scenes of devastation from the Asian Tsunami which prompted a generous worldwide response in which the people of Reading played their part. We scarcely had time to enjoy the triumph of Britain winning the Olympics bid before the dreadful London bombings of 7th July. COMMUNITY CHAMPIONS – The Prime Minister asked Martin to invite two community workers to 10 Downing Street. Street warden Ahmed Abd-Eighany Obviously I was pleased to have been re-elected for the and Battle Library’s Marjorie McClure were thanked personally by Tony Blair for their hard work. third time in a row and in the constituency I’ve been as busy as ever: successfully fighting off plans to merge Calcot Infant and Junior Schools; winning extra funding for Salter Wins a Third Term Prospect College, Denefield, Brookfields and Long Lane Reading West MP, Martin Salter, was comfortably re- Primary Schools; helping get rid of the illegal travellers elected on May 5th to serve a third term in Parliament. -
Mandatory Data Retention by the Backdoor
statewatch monitoring the state and civil liberties in the UK and Europe vol 12 no 6 November-December 2002 Mandatory data retention by the backdoor EU: The majority of member states are adopting mandatory data retention and favour an EU-wide measure UK: Telecommunications surveillance has more than doubled under the Labour government A special analysis on the surveillance of telecommunications by states have, or are planning to, introduce mandatory data Statewatch shows that: i) the authorised surveillance in England, retention (only two member states appear to be resisting this Wales and Scotland has more than doubled since the Labour move). In due course it can be expected that a "harmonising" EU government came to power in 1997; ii) mandatory data retention measure will follow. is so far being introduced at national level in 9 out of 15 EU members states and 10 out of 15 favour a binding EU Framework Terrorism pretext for mandatory data retention Decision; iii) the introduction in the EU of the mandatory Mandatory data retention had been demanded by EU law retention of telecommunications data (ie: keeping details of all enforcement agencies and discussed in the EU working parties phone-calls, mobile phone calls and location, faxes, e-mails and and international fora for several years prior to 11 September internet usage of the whole population of Europe for at least 12 2000. On 20 September 2001 the EU Justice and Home Affairs months) is intended to combat crime in general. Council put it to the top of the agenda as one of the measures to combat terrorism. -
Bloomsbury Professional
Immigration Asylum 24_2 cover.qxp:Layout 1 16/6/10 09:42 Page 1 Related Titles from Bloomsbury Professional JOURNAL of Immigration Law and Practice, 4th edition 24 Number 2 2010 Journal of Immigration, Asylum and Nationality Law Volume IMMIGRATION By David Jackson, George Warr, Julia Onslow-Cole & Joseph Middleton Reverting to hardback format, the fourth edition of this clear and practical book has been thoroughly updated by a team of specialist practitioners. It deals comprehensively with ASYLUM AND immigration law procedure and practice, covering European and human rights law, deportation, asylum and onward appeals. In this continually evolving area of law, this fourth edition takes into account all recent NATIONALITY major legislation changes and developments, relevant case law and policies since the last edition. ISBN: 978 1 84592 318 1 Price: £120 Format: Hardback LAW Pub date: Dec 2008 Asylum Law and Practice, 2nd edition Volume 24 Number 2 2010 Pages 113–224 By Mark Symes and Peter Jorro Written by two of the leading authorities on the law relating to asylum, Asylum Law and EDITORIAL Practice, 2nd edition is a detailed exposition of the law relating to asylum and NEWS international protection. ARTICLES Bringing together in one volume, all relevant aspects of asylum law and practice in the The Borders, Citizenship and Immigration Act 2009 United Kingdom, this book is comprehensive enough to serve as a reliable source of Alison Harvey information and analysis to all asylum practitioners. Its depth, thoroughness, and clarity make it a must have for all practitioners. Victims of Human Trafficking in Ireland – Caught in a Legal Quagmire The book is focused on the position in the UK, but with reference to refugee law cases in Hilkka Becker other jurisdictions; such as Canada, Australia, New Zealand and the USA. -
Copy of 2008122008-Cwells-Regulated
1 donation information continues on reverse Late reported donation by regulated donees 15 February 2001 - 31 January 2008 (where data is available) Regulated donee Donor organisation Donor forename Donor surname Donor status Address 1 Address 2 Jimmy Hood MP BAA Plc Company 130 Wilton Road Keith Simpson MP BAA Plc Company 130 Wilton Road Cheryl Gillan MP BAA Plc Company 130 Wilton Road Elfyn Llwyd MP BAA Plc Company 130 Wilton Road Ian Stewart MP BAA Plc Company 130 Wilton Road Ian Stewart MP Manchester Airport Plc Company PO Box 532 Town Hall John Gummer MP BAA Plc Company 130 Wilton Road Christopher Beazles BAA Plc Company 130 Wilton Road Chris Smith MP BAA Plc Company 130 Wilton Road Mike Weir MP BAA Plc Company 130 Wilton Road Tony Worthington MP BAA Plc Company 130 Wilton Road Ian Davidson MP BAA plc Company 130 Wilton Road Paul Tyler BAA Plc Company 130 Wilton Road Matthew Taylor MP BAA Plc Company 130 Wilton Road Menzies Campbell MP BAA Plc Company 130 Wilton Road Archy Kirkwood BAA Plc Company 130 Wilton Road David Hanson MP BAA Plc Company 130 Wilton Road Colin Breed MP BAA Plc Company 130 Wilton Road David Marshall MP BAA Plc Company 130 Wilton Road Mark Oaten MP BAA Plc Company 130 Wilton Road Diana Wallis MEP Manchester Airport Plc Company PO Box 532 Town Hall Christopher Ruane MP BAA Plc Company 130 Wilton Road Tim Loughton MP BAA Plc Company 130 Wilton Road Robert Wareing MP BAA Plc Company 130 Wilton Road Robert Wareing MP Manchester Airport Plc Company PO Box 532 Town Hall John McFall MP BAA Plc Company 130 Wilton Road -
Curriculum Vitae
Martin Salter - Curriculum Vitae Tilehurst, Reading, Berkshire Email: [email protected] Profile A highly successful campaigner and political strategist with over 30 years experience in the Trade Union movement, local government and national politics. An excellent communicator with strong media links. A tough and effective political organiser with the ability to develop and translate policy objectives to the wider public. Experience • Organising and winning elections in highly marginal political situations. • Developing local and national campaign strategies • Planning and delivering effective media campaigns • Thirteen years as a Member of Parliament working closely with ministers on political strategy and policy development. • Twelve years in local government helping to lead one of the most successful councils in the UK. • Leading community - based projects and managing staff and budgets. • Campaigning with NGOs to effect change at a national level. • Senior roles on Parliamentary Select Committees and legislative scrutiny. • Inspiring and motivating team members and colleagues. • Writing, proofing and editing publications, news releases and speeches • Event planning and organisation. • Crisis management and problem solving. Career Summary 1997 to 2010 - Labour MP for Reading West Elected on three occasions, securing one of the largest swings to Labour in the UK. Became an effective and respected senior backbencher with national roles in campaigning and policy development. Appointed Vice Chair (Environment) of the Labour Party in 2007 (see Political Biography for more details). 1984-96 - Reading Borough Councillor Became Chair of the Leisure Committee in 1986 and Deputy Leader from 1987. Overhauled leisure, recreation and community services and brought major music festivals to Reading. Helped plan the successful development of the town centre and steered Labour to unprecedented local electoral success. -
Minority Ethnic Matters Overview Contents Immigration and Asylum
25 May 2009 ISSUE 176 Minority Ethnic Matters Overview MEMO is produced by the Scottish Council of Jewish Communities in partnership with the Black and Ethnic Minority Infrastructure in Supported b y Scotland . It provides an overview of information of interest to minority ethnic communities in Scotland, including parliamentary Activity at Holyrood and Westminster, new publications, consultations, forthcoming conferences and news reports. Contents Immigration and Asylum Other News Race Relations Bills in Progress Equality Consultations Racism and Religious Hatred Events/Conferences/Training Other Westminster Useful Links New Publications Note that some weblinks, particularly of newspaper articles, are only valid for a short period of time, usually around a month. Please send information for inclusion in MEMO to [email protected] and requests to be added to circulation to [email protected] Immigration and Asylum Holyrood Parliamentary Motion Ian McKee (S3M-4189) : Migration and Scotland —That the Parliament acknowledges the Equality and Human Rights Commission conference that took place in Edinburgh on 13 May 2009, which highlighted the importance of migration to Scotland and called for potential consideration and research into adapting immigration control to a Scottish context; notes that Scotland’s long-term GDP growth performance is closely affected by population trends and that, in comparison to the rest of the United Kingdom, Scotland has seen a population decline between 1995 and 2001, with considerably fewer people aged 14 and under -
Immigration During the Crown Colony Period, 1840-1852
1 2: Immigration during the Crown Colony period, 1840-1852 Context In 1840 New Zealand became, formally, a part of the British Empire. The small and irregular inflow of British immigrants from the Australian Colonies – the ‘Old New Zealanders’ of the mission stations, whaling stations, timber depots, trader settlements, and small pastoral and agricultural outposts, mostly scattered along the coasts - abruptly gave way to the first of a number of waves of immigrants which flowed in from 1840.1 At least three streams arrived during the period 1840-1852, although ‘Old New Zealanders’ continued to arrive in small numbers during the 1840s. The first consisted of the government officials, merchants, pastoralists, and other independent arrivals, the second of the ‘colonists’ (or land purchasers) and the ‘emigrants’ (or assisted arrivals) of the New Zealand Company and its affiliates, and the third of the imperial soldiers (and some sailors) who began arriving in 1845. New Zealand’s European population grew rapidly, marked by the establishment of urban communities, the colonial capital of Auckland (1840), and the Company settlements of Wellington (1840), Petre (Wanganui, 1840), New Plymouth (1841), Nelson (1842), Otago (1848), and Canterbury (1850). Into Auckland flowed most of the independent and military streams, and into the company settlements those arriving directly from the United Kingdom. Thus A.S.Thomson observed that ‘The northern [Auckland] settlers were chiefly derived from Australia; those in the south from Great Britain. The former,’ he added, ‘were distinguished for colonial wisdom; the latter for education and good home connections …’2 Annexation occurred at a time when emigration from the United Kingdom was rising. -
Brief Amicus Curiae of the Senate of the United Mexican States, Et
No. 08-987 IN THE RUBEN CAMPA, RENE GONZALEZ, ANTONIO GUERRERO, GERARDO HERNANDEZ, AND LUIS MEDINA, Petitioners, v. UNITED STATES OF AMERICA, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit BRIEF IN SUPPORT OF PETITION FOR A WRIT OF CERTIORARI ON BEHALF OF THE SENATE OF THE UNITED MEXICAN STATES, THE NATIONAL ASSEMBLY OF PANAMA, MARY ROBINSON (UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS, 1997- 2002; PRESIDENT OF IRELAND, 1992-1997) AND LEGISLATORS FROM THE EUROPEAN PARLIAMENT AND THE COUNTRIES OF BRAZIL, BELGIUM, CHILE, GERMANY, IRELAND, JAPAN, MEXICO, SCOTLAND AND THE UNITED KINGDOM ______________ Michael Avery Counsel of Record Suffolk Law School 120 Tremont Street Boston, MA 02108 617-573-8551 ii AMICI CURIAE The Senate of the United Mexican States The National Assembly of Panama Mary Robinson (United Nations High Commissioner for Human Rights, 1997-2002; President of Ireland, 1992-1997) Legislators from the European Parliament Josep Borrell Fontelles, former President Enrique Barón Crespo, former President Miguel Ángel Martínez, Vice-President Rodi Kratsa-Tsagaropoulou, Vice-President Luisa Morgantini, Vice-President Mia De Vits, Quaestor Jo Leinen, Chair of the Committee on Constitutional Affairs Richard Howitt, Vice-Chair of the Subcommittee on Human Rights Guisto Catania, Vice-Chair of the Committee on Civil Liberties, Justice and Home Affairs Willy Meyer Pleite, Vice-Chair of the Delegation to the Euro-Latin American Parliamentary Assembly Edite Estrela, Vice-Chair -
Housing Association (Rights and Representation of Residents) Bill
Housing Association (Rights and Representation of Residents) Bill CONTENTS 1 Interpretation 2 Service agreements 3 Inspections 4 Ballot of transfer of management 5Regulations 6Expenses 7 Short title, commencement and extent Bill 35 54/2 Housing Association (Rights and Representation of Residents) Bill 1 A BILL TO Make provision about the rights and representation of housing association residents; to make requirements of housing associations in relation to service delivery; to make further provision for the regulation of housing associations; and for connected purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— 1 Interpretation In this Act— “estate” means a housing estate managed by a housing association or a neighbourhood in which a housing association provides housing accommodation; 5 “housing association” means a body within the meaning of section 5(1) of the Housing Act 1985 (c. 68) (housing associations) which is a registered social landlord within the meaning of section 5(4) (registered social landlords) of that Act; “regulations” means regulations made by the Secretary of State; 10 “tenants’ association” means the body which, in the opinion of the Housing Corporation, is representative of the tenants in the estate; “tenants’ jury” has such meaning as shall be prescribed in regulations. 2 Service agreements (1) A housing association must prepare and publish a service agreement setting 15 out the services it proposes to provide for the tenants in each estate. (2) A service agreement must be approved by— (a) the Housing Corporation, and (b) a tenants’ jury.