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This Act implements the Government's proposals, set out in the policy document "Identity cards: the next steps" (Cm 6020, ISBN 0101602022) published in November 2003, as amended during the passage of the Identity Cards Bill through Parliament. The Act has 44 clauses and two schedules, and contains provisions to establish the legal framework needed to introduce a UK identity cards scheme, including: the setting up of a National Identity Register; establishing the powers to issue ID cards and designate existing documents; methods for ensuring biographical checks against databases; determining the content of information to be held and safeguards to protect data privacy and accuracy; data access and verification by specified bodies; appointment of the National Identity Scheme Commissioner; creating new criminal offences relating to identity fraud; the power to link future access to public services to production of an ID card; the power to make it compulsory for an individual to register; and provisions relating to passports. The Act applies to the whole of the UK, with the ID cards scheme operating on a UK-wide basis for matters reserved to the UK Parliament (notably immigration and nationality) with provisions applicable to devolved administrations for production of ID cards for access to public services.
National identity cards are in the news. While paper ID documents have been used in some countries for a long time, today's rapid growth features high-tech IDs with built-in biometrics and RFID chips. Both long-term trends towards e-Government and the more recent responses to 9/11 have prompted the quest for more stable identity systems. Commercial pressures mix with security rationales to catalyze ID development, aimed at accuracy, efficiency and speed. New ID systems also depend on computerized national registries. Many questions are raised about new IDs but they are often limited by focusing on the cards themselves or on "privacy." Playing the Identity Card shows not only the benefits of how the state can "see" citizens better using these instruments but also the challenges this raises for civil liberties and human rights. ID cards are part of a broader trend towards intensified surveillance and as such are understood very differently according to the history and cultures of the countries concerned.
New ID card systems are proliferating around the world. These may use digitized fingerprints or photos, may be contactless, using a scanner, and above all, may rely on computerized registries of personal information. In this timely new contribution, David Lyon argues that such IDs represent a fresh phase in the long-term attempts of modern states to find stable ways of identifying citizens. New ID systems are “new” because they are high-tech. But their newness is also seen crucially in the ways that they contribute to new means of governance. The rise of e-Government and global mobility along with the aftermath of 9/11 and fears of identity theft are propelling the trend towards new ID systems. This is further lubricated by high technology companies seeking lucrative procurements, giving stakes in identification practices to agencies additional to nation-states, particularly technical and commercial ones. While the claims made for new IDs focus on security, efficiency and convenience, each proposal is also controversial. Fears of privacy-loss, limits to liberty, government control, and even of totalitarian tendencies are expressed by critics. This book takes an historical, comparative and sociological look at citizen-identification, and new ID cards in particular. It concludes that their widespread use is both likely and, without some strong safeguards, troublesome, though not necessarily for the reasons most popularly proposed. Arguing that new IDs demand new approaches to identification practices given their potential for undermining trust and contributing to social exclusion, David Lyon provides the clearest overview of this topical area to date.
Structured in a clear and logical way following the parts of the Act, it provides an up-to-date and informative guide, making it an essential purchase for practitioners and organizations working in a number of legal areas.
The advance of identification technology-biometrics, identity cards, surveillance, databases, dossiers-threatens privacy, civil liberties, and related human interests. Since the terrorist attacks of September 11, 2001, demands for identification in the name of security have increased. In this insightful book, Jim Harper takes readers inside identification-a process everyone uses every day but few people have ever thought about. Using stories and examples from movies, television, and classic literature, Harper dissects identification processes and technologies, showing how identification works when it works and how it fails when it fails. Harper exposes the myth that identification can protect against future terrorist attacks. He shows that a U.S. national identification card, created by Congress in the REAL ID Act, is a poor way to secure the country or its citizens. A national ID represents a transfer of power from individuals to institutions, and that transfer threatens liberty, enables identity fraud, and subjects people to unwanted surveillance. Instead of a uniform, government-controlled identification system, Harper calls for a competitive, responsive identification and credentialing industry that meets the mix of consumer demands for privacy, security, anonymity, and accountability. Identification should be a risk-reducing strategy in a social system, Harper concludes, not a rivet to pin humans to governmental or economic machinery.
Surveillance and Identity analyses the discourse of surveillance in the contemporary United Kingdom, drawing upon public language from central government, governmental agencies, activist movements, and from finance and banking. Examining the logics of these discourses and revealing the manner in which they construct problems of governance in the light of the insecurity of identity, this book shows how identity is fundamentally linked to surveillance, as governmental discourses privilege surveillance as a response to social problems. In drawing links between new technologies and national surveillance projects or concerns surrounding phenomena such as identity fraud, Surveillance and Identity presents a new understanding of identity - the model of 'surveillance identity' - demonstrating that this is often applied to individuals by powerful organisations at the same time as the concept is being actively contested in public language. The first comprehensive study of the discursive politics of surveillance in the UK, this book makes significant contributions to surveillance theory, governmentality theory, and to political and social identity theories. As such, it will be of interest to social scientists of all kinds working on questions of public discourse and political communication, identity, surveillance and the relationship between the individual and the state.
A new legal concept of identity. As transactions once based on personal relationships are increasingly automated, it is inevitable that our traditional concept of identity will need to be redefined. This book examines the functions and legal nature of an individual's digital identity in the context of a national identity scheme. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia which are likely to establish such a scheme in the near future. Under a national identity scheme, being asked to provide ID will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape. The author examines the implications for individuals, businesses and government against a background of identity crime.
The question of ‘why’ and ‘how’ certain individuals are drawn towards behaving in a way that contravenes the ‘Law of the Land’ is not an easy one to address. Researchers from various different fields have nevertheless attempted to develop theoretical explanations for the existence of different types of crime and why some individuals commit such acts. Crime and Criminality draws on criminology, sociology, psychology and neuroscience to offer a balanced perspective of crime, the criminal and criminality. Coverage includes: a comprehensive discussion of theoretical approaches to criminal behaviour, including biological, social and ‘rational choice’ approaches; an analysis of legal and social definitions of crime and how these definitions influence the way specific behaviours are labelled as criminal; an examination of different types of crime and criminals, from delinquents to ‘psychopaths’ and sex offenders; an exploration of different ways in which crime is predicted, including risk assessment and offender profiling and an overview of investigative techniques. Addressing a broad range of topics and offering a synthesis of competing theoretical explanations of criminality, this book is essential reading for students taking courses in criminology, criminal psychology, criminal behaviour, forensic psychology and psychological criminology.
This provocative book confronts the erosion of civil liberties under New Labour. It unfolds a compelling narrative of the major battles fought before Parliament and in the courts, and attacks the failure of the political and legal systems to offer protection to those suffering abuses of their civil liberty at the hands of an aggressive Executive.
The goals of this book are to provide a comprehensive review of identity policies as they are being implemented in various countries around the world, to consider the key arenas where identity policies are developed and to provide intellectual coherence for making sense of these various activities.