Campaigners claim obscure act is open to massive abuse

A CAMPAIGNtoscrapan obscure law that has been branded a "back door to compulsory ID cards" was gaining momentum last night.

Critics claim Section 57 of the Local Electoral Administration and Registration Services (Scotland) Act, which came on to the statute book last year, gives the state extraordinary powers to put Scots under unprecedented day-to-day surveillance.

Data on everything from a citizen's debts to the contents of their shopping trolley to their sexuality could be legally procured, stored and passed on.

Now politicians, academics and anti-ID card campaigners are demanding that the Executive repeal the law.

Human rights lawyer John Scott said: "This piece of legislation may look small but it has the potential to be of vast significance. I'm very surprised to see how this has been done with seemingly little or no scrutiny at all. Those who are more cynical towards those in power would regard Section 57 as fantastic tool of potential oppression and control.

"It has enormous potential to be a portal through which the compulsory ID cards system can pass. If that was not the Executive's intention then I would ask what the harm would be in passing a reassuring amendment to guarantee it won't and can't be used in this way."

Sean Gabb of the Libertarian Alliance added:"Onehastoquestionthe motives for introducing such law. Section 57 should stir in all but the most subservient a deep sense of foreboding.

"The state in the United Kingdom has long forgotten that it was born for our convenience, not the other way around."

The act received Royal Assent last August after passing through Holyrood without a vote the month before. Two public consultations did not mention the new powers and three committees of MSPs failed to pick up on the detail.

Section57allowstheregistrar general to keep a register of personal information about all citizens in Scotland - who are also assigned a unique number. There are no boundaries set for the type and amount of detail held.

Theregistrargeneralhimselfcan decide where the data comes from and to whom it is passed with only a ministerial rubber stamp as safeguard. Thelegislationdoesnotinsiston parliamentary scrutiny of his actions.

Section 57 also appears to exploit a loophole in the Data Protection Act whereby information can be processed if deemed necessary by local authorities.

Each file on the register will be tied to a microchipped National Entitlement Card, which one in four Scots now has to access public services such as free bus travel and leisure centre facilities.

Campaigners say it is effectively an ID card and will allow greater surveillance of people's activities as more data banks are fed into the central structure.

NO2ID Scotland, which staged a protest against the cards at Holyrood last week, said the law must be scrapped. Spokesman Geraint Bevan said: "This cannot be what MSPs intended. Section 57 should be quickly repealed."

Green MSP Patrick Harvie said he would be raising questions in parliament. He added: "Legislation has to take into account the worst-case scenario.

"That is why, particularly when considering laws dealing with the centralising and sharing of data, there must be very clear safeguards. With Section 57, I just don't see those safeguards.

"The SNP in opposition was opposed to the UK proposals for such a scheme so it should have the same objections to an equivalent scheme in Scotland."

Last night, the General Register Office for Scotland insisted there were sufficient safeguards in place to protect privacy. A spokesman said: "Section 57 does not erode civil liberties. It was intended to make clearer and more public the registrar general's powers to run the NHS Central Register."

Holyrood passed a motion in 2005 insisting that it rejects the use of ID cards in the Scottish public sector.