- The Observer,
- Sunday November 25, 2001
"Clause 17 could mean that the police are now able to trawl through personal information held by public authorities, such as medical records and bank details even if they are not sure that a crime has been committed. This information can be given to police anywhere in the world, including in countries with no data protection or privacy laws. These criminal investigations are not limited to acts of terrorism."
"This section amends dozens of Acts in one go, so there is no chance for parliament to weigh up the balance between the prevention of crime and the protection of privacy. The government tried to get these proposals through last year but had to drop the proposed law then in the face of strong parliamentary criticism. These proposals still need careful consideration and this appears to be a cynical attempt to take advantage of the current emergency."
The extent of the additional disclosure powers which would be involved is not yet clear - with the government claiming that the authorities concerned would retain discretion over what it is 'reasonable' to disclose - but critics point especially to section (d) of the clause, which permits additional disclosure not only for investigations which are underway, but also for the purpose of deciding whether or not an investigation should be initiated.
Extract from the Anti-Terrorism, Crime and Security Bill (bold emphasis added)
Part 3: Disclosure of Information
17 Extension of existing disclosure powers
(1) This section applies to the provisions listed in schedule 4, so far as they authorise the disclosure of information.
(2) Each of the provisions to which this section applies shall have effect, in relation to the disclosure of information by or on behalf of a public authority, as if the purposes for which the disclosure of information is authorised by that provision included each of the following:
(a) the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;
(b) the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;
(c) the purposes of the initiation or brining to an end of any such investigation or proceedings;
(d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.
(3) The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this legislation applies.
(4) A statutory instrument containing an order under subsection (3) shall be subject to an annulment in pursuance of a resolution of either House of Parliament.
(5) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from in this section.
(6) The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.
The Bill goes on to list 58 acts under the heading "Extension of existing disclosure powers" as "Enactments to which section 17 applies", beginning with Section 47 (2) of the Agricultural Marketing Act of 1958 through to six acts passed last year, including the Transport Act 2000, the Utilities Act 2000 and the Postal Services Act 2000.
The acts include some - the Cereals Marketing Act 1965, the Sea Fish Industry Act of 1970 and the Diseases of Fish Act 1983 - which may seem to have very little to do with the 'War on Terrorism'.
The inclusion of the Consumer Credit Act 1974, the National Health Service Act 1977, the Telecommunications Act 1984, the Companies Act 1989 and the Health Act 1999 are among the provisions causing most concern about the extent of the extensions of state powers and the curtailment of privacy.
