Atu XVIII



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Atu XVIII
UK Civil Liberties
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Friday, September 01, 2006  

What's the Opposite of "Bonfire"?

Following my previous post Dave queried the scope of the database proposed by the Children Act 2004. It's a good question and the answer is important enough to merit a post of its own.

Despite the spin, the proposed kid database will be about a lot more than health records. Look at section 12 of the Act:

http://www.opsi.gov.uk/acts/acts2004/40031--c.htm#12


This describes the information that may be collected and recorded for the database. Examples specifically mentioned in the Act include:

  • Details of any person who "who has care of him at any time" (para 4c) - which presumably could include babysitters

  • "details of any education being received by him" (para 4d)

  • "information as to the existence of any cause for concern in relation to him" (para 4g) - which sounds good but is woolly enough to include gossip about the parents

  • As well as unspecified information from "the Commissioners of Inland Revenue" (para 8c) and "a registered social landlord" (para 8d)

The catchall is 4h:

"information of such other description, not including medical records or other personal records, as the Secretary of State may by regulations specify."


In terms of access, para 6e gives the Secretary of State the power to make regulations:

"permitting or requiring any person to be given access to any such database for the purpose of adding or reading information"


And para 11 explicitly removes any assumption of privacy by saying that all this may be done:

"notwithstanding any rule of common law which prohibits or restricts the disclosure of information."


The Act as a whole effectively allows the Secretary of State to decide by regulation to collect almost any information on children or those who come into contact with them and to provide this information to whomever they feel fit.

It's all part of the trend to making primary legislation that provides the government almost unlimited powers to act by regulation without the need for further Parliamentary approval or even debate. In this case such regulations will provide yet more support for the cradle to grave surveillance state.

But because it's being done in the name of child protection, very few politicians are brave enough to object.





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All material copyright © 2006-2007 Trevor Mendham. Thanks to Judes for the original Atu XVIII card artwork.


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