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Respect, Consent and Personal Data

September 17, 2008 12:01 AM
Originally published by UK Liberal Democrats

The Liberal Democrats Autumn Conference will today debate bold proposals to remove children from the DNA database and to reduce the amount of personal data kept by the Government.

The key plans include: Removing the DNA profiles of children under 16 from the DNA database, except those convicted of a violent or sexual offence.

Ensuring all people who are arrested or charged but not convicted, except in the case of violent or sexual offences, have the right to remove their profile from the DNA database.

Properly informing citizens of opt-outs from government databases.

Introducing extensive civil penalties for serious breaches of data security.

Strengthening the role and funding arrangements of the Information Commissioner.

The full text of the motion is below. Mover: Baroness Walmsley

Summation: Lord Razzall

Conference notes:

A. The collection of personal data by central government and the police forces on an unprecedented scale, including:

i) Large e-Governance projects (such as the Spine NHS central database and ContactPoint).

ii) The National DNA Database (NDNAD), the largest such database in the world, and the National Fingerprint Database.

iii) The implementation of the identity cards scheme.

iv) The use of closed-circuit television (CCTV) cameras.

B. The demonstrable failure of the Government to keep these data securely, and in particular the loss of computer disks with sensitive data concerning 25 million child benefit claimants by HM Revenue and Customs in 2007.

C. The enforcement difficulties faced by the Information Commissioner's Office in terms of:

i) The powers available to ensure compliance with the Data Protection Act.

ii) The financial resources available.

D. Those held on the NDNAD in perpetuity include:

i) Those arrested on suspicion of (not convicted or charged with) a criminal offence which may be as minor as dropping litter.

ii) Over 300,000 children, including records for those under 10 years of age.

iii) Disproportionate numbers of children from black and other ethnic minorities.

Therefore, conference confirms:

I. Its belief in the primacy of the right to privacy and informational self-autonomy, and the pivotal relationship between that right and the freedom and liberty of the individual.

II. That while every step must be taken to detect crime and bring criminals to justice, in doing so the state must have sufficient regard for the individual right to privacy; any infringement of that right must be objectively justified and demonstrably proportionate to the benefits accrued to society at large.

III. Its belief in the importance of the proportionate, responsible and secure use of new technologies, including centralised databases, for the effective management of public services, the fight against crime and research in the public interest.

IV. Its confidence in the Information Commissioner's Office as the critical component for the maintenance and enforcement of such a regime.

Conference therefore calls for:

1. Implementing the principle of consent: fully informing data subjects of any option to opt out of government databases and making participation rather than obligation the bedrock of future e-Government projects; this would include giving the right of those not convicted of any crime (except a violent or sexual offence) to have their data removed from the NDNAD.

2. Implementing the principle of respect: strengthening the Data Protection Act to ensure compliance with good data protection practice, including but not limited to:

a) Extensive civil penalties for serious breaches of data security.

b) Enhanced criminal offences for the negligent and reckless abuse of personal information.

c) The power to conduct spot checks on private companies, as well as public bodies.

d) Extending the definition of 'personal data' under the Act.

3. The provision of adequate funding for the Information Commissioner for the better maintenance of these two principles by abolishing the flat-rate charge currently levied against all data controllers irrespective of their size, profits and the amount of data held.

4. The immediate removal from the NDNAD of all DNA samples taken from children under 16, bar those convicted of either a violent or sexual offence.

5. The immediate amendment of legislation so as to provide that no profiles of children under the age of 16 may be stored on the NDNAD unless they have been convicted of a violent or sexual offence.