Identity Cards Bill

I imagine that the amendment is designed to ensure that the Secretary of State will take care in ensuring that information stored on the register is accurate, if he knows that he will be liable for damages if it is not. That said, I am not sure that the amendment is desirable. The rigorous biometric footprint check will avoid inaccurate information being put on the register in the first place, and we have already explained the process by which people will be able to check their entry on the register for accuracy. Any person who was unhappy with the Secretary of State’s decision not to modify information would be able to take it up with the agency, which will operate a thoroughgoing complaints procedure. Should it not be resolved, the right to apply to a court for rectification under Section 14 of the Data Protection Act would be applicable. Inaccuracies on the register will also obviously be of concern to the national identity scheme commissioner, who will be able to examine and report on the way in which he was using his power under this section. I am not convinced that it is desirable to go further and establish a right to damages for inaccuracies regardless of whether any damage has been caused. I would be interested to hear the noble Lord’s comments on that.