Identity Cards: Frequently Asked Questions
IDENTITY CARDS
Frequently Asked Questions
August 24 1996
This report provides an analysis of the key aspects of identity (ID)
cards and related technologies. It has been prepared by Privacy
International in the wake of widespread concern across the world
about the implications of modern ID systems. Our intention here is
to discuss the evidence at an international level and to promote
debate about the claims made about such card systems.
The principle author of this report is Simon Davies, Director
General of Privacy International and Visiting Fellow in the London
School of Economics. Assistance and input to this report was
provided by members of PI throughout North America, Europe and
Asia.
CONTENTS
1. How many countries use ID cards?
2. What are the main purposes of ID cards?
3. What are the main types of ID systems in use?
4. What information do the cards contain?
5. What is the financial cost of an ID card system?
6. Can ID cards assist law enforcement?
7. What impact do ID cards have on tax evasion &welfare fraud?
8. Can ID cards help to control illegal immigration?
9. Do ID cards facilitate an increase in police powers?
10. Do ID cards facilitate discrimination?
11. To what extent will an ID card become an internal passport?
12. What happens if an ID card is lost or stolen?
13. What are the privacy implications of an ID card?
14. Has any country rejected proposals for ID cards?
1. How many countries use ID cards ?
Identity (ID) cards are in use, in one form or another in numerous
countries around the world. The type of card, its function, and its
integrity vary enormously. Around a hundred countries have
official, compulsory, national IDs that are used for a variety of
purposes. Many developed countries, however, do not have such a
card. Amongst these are the United States, Canada, New Zealand,
Australia, Ireland, the Nordic countries and Sweden. Those that do
have such a card include Germany, France, Belgium, Greece,
Luxembourg, Portugal and Spain.
The use of sectoral (specific purpose) cards for health or social
security is widespread, and most countries that do not have a
national universal card, have a health or social security card (in
Australia, the Medicare Card, in the United States, the Social
Security number), or traditional paper documents of identity. The
reverse is also true. In Sweden, while there exists a ubiquitous
national number, there is no single official identity card. 1
Generally speaking, particularly in advanced societies, the key
element of the card is its number. The number is used as an
administrative mechanism for a variety of purposes. In many
countries the number is used as a general reference to link the card
holders activities in many areas.
An analysis of identity cards around the world reveals a number of
interesting patterns. The most significant of these is that virtually
no common law country has a card. Nor does the economic or
political development of a country necessarily determine whether it
has a card. Neither Mexico nor Bangladesh have an ID card. And,
until this year, India had no card (even now, the card, strictly
speaking, is a voter registration card rather than a national ID card).
Generally speaking, however, the vast majority of developing
countries have either an ID card system or a document system,often
based on regional rather than national authorization. 2
In many countries, identification documents are being replaced by
plastic cards, which are seen as more durable and harder to forge.
Card technology companies are well organized to conduct effective
promotion of their product, and companies have moved into the
remotest regions of the world. Many Asian and African nations are
replacing old documents with magnetic stripe or bar coded cards.
The South African Passbook is being replaced by a card. The UK
drivers license is also being replaced by a photo ID card from 1996.
The change from one form of ID to another is invariably
accompanied by a change to the nature and content of data on the
document.
2. What are the main purposes of ID cards?
ID cards are established for a variety of reasons. Race, politics and
religion were often at the heart of older ID systems. The threat of
insurgents or political extremists, and the exercise of religious
discrimination have been all too common as motivation for the
establishment of ID systems which would force enemies of the
State into registration, or make them vulnerable in the open without
proper documents. In Pakistan, the cards are used to enforce a
quota system, In China, they are used as a tool of social
engineering.
In the United Kingdom, current proposals for a national ID card are
fuelled by the need to develop a document which is acceptable to
other European countries, as well as a belief that the scheme might
help fight crime. In Australia, the purpose of the proposed card was
to fight tax evasion, and, in New Zealand, to establish Social
Welfare entitlement. The Dutch card has the dual purpose of
helping to improve government administrative efficiency, while
playing a key role in dismantling border controls. 3
At the heart of such plans is a parallel increase in police powers.
Even in democratic nations, police retain the right to demand ID on
pain of detention.
In recent years, ID cards have been linked to national registration
systems, which in turn form the basis of government administration.
In such systems - for example Spain, Portugal, Thailand and
Singapore - the ID card becomes merely one visible component of a
much larger system. With the advent of magnetic stripes and
microprocessor technology, these cards can also become an
interface for receipt of government services. Thus the cards become
a fusion of a service technology, and a means of identification.
This dual function is expressed well by one Philippines Senator in
the introduction to her 1991 ID card Bill as an integrated
relationship between the citizen and his government. 4
3. What are the main types of ID systems in use?
Broadly expressed, there are three different forms of ID card
systems :
1. Stand Alone documents
2. Registration systems
3. integrated systems
Stand Alone ID documents are issued in primitive conditions, or in
environments which are subject to sudden economic or political
change. Often, areas under military rule or emergency law will issue
on the spot ID cards which are, essentially, internal passports.
Their principle purpose is to establish that a person is authorized to
live in a region.
The majority of ID systems have a support register which contains
parallel information to that on the card. This register is often
maintained by a regional or municipal authority. In a minority of
countries, this is a national system. Even countries such as France
and Germany have no national ID card register. Germany has
constitutional limitations on the establishment of any national
number.
Virtually all card systems established in the past ten years are
Integrated systems. They have been designed to form the basis of
general government administration. The card number is, in effect, a
national registration number used as a common identifier for many
government agencies.
It is interesting to note that residents of countries which have ID
documents or papers, often refer to these in the English as ICs or
Identity cards. The Afghan Tazkira is a 16 page booklet, but is
often referred to as a card. Likewise, in Poland, where the form of
ID is a passport-like booklet called 'Dowod osobisty' (or, literally,
personal evidence it is translated universally as a card.
4. What information do the cards contain?
The majority of cards in use in developed nations have the holders
name, sex, date of birth, and issuing coordinates printed on the card
itself. An expiry date, and number is also embossed, along with a
space for a signature. A minority of sectoral cards include a
photograph.5 Official cards issued by police or Interior Ministries
generally do include a photograph, and in many cases, a fingerprint.
In Brazil, for example, all residents are obliged to carry at all times
a plasticated flexible card the size of a credit card bearing a
photograph, thumb print, full name and parents' names, national
status (Brazilian national or alien resident) and a serial number.
In Chile, it is a small plastic card with photograph, names, date and
place of birth, signature, and personal number. The Korean
'National Registration Card' shows name, birth date, permanent
address, current address, military record, issuing agency, issued
date, photograph, national identification number, and prints of both
thumbs. The Malaysian identity Card has the date of birth, parents
name, religion, ethnicity, sex, physical characteristics, place of
birth and any other identification mark on the reverse side. The
front face carries the photograph, fingerprints, and IC number.
The Pakistan card carries a large amount of data, including
photograph, signature, card serial number, government official's
signature, Date of issue, DRO/Post office number, ID Card
number, name, father's name, Temporary Address, Permanent
Address, identification marks, and date of birth
The German "Personalausweis". is a plastic ID card which contains,
on the front side, name, date and place of birth, nationality, date of
expiration, signature and photo. The name, date of birth and
number of the card are machine readable (ocr). On the back side are
address, height, color of eyes, issuing authority and date of issue.
Addresses are changed by putting a sticker on the old address.
The Italians have a larger format card (three by four inches)
containing Identity number, name, photo, signature, fingerprint,
date and place of birth, citizenship, residency, address, marital
status, profession, and physical characteristics
In a small number of cases, notably Singapore and some Asian
nations, cards contain a bar code, which is seen by authorities as
more reliable and durable than a mag stripe. The French are also
moving toward a machine readable card.
5. What is the financial cost of an ID card system?
In the Philippines, the United Kingdom and Australia, the cost of
implementing an ID system has been at the forefront of political
and public opposition to nationwide schemes. The Philippines
proposal relied on government estimates that were drawn, as is
often the case, from estimates calculated by computer industry
consultants. These were found to under-estimate the true cost by
eight billion pesos over seven years.6 The proposal lapsed because
of this factor.
In Australia, the cost of the proposed ID card failed to take into
account such factors as training costs, administrative supervision,
staff turnover, holiday and sick leave, compliance costs, and
overseas issue of cards.. Other costs that are seldom factored into
the final figure (as was the case in Australia( are the cost of fraud,
an underestimate of the cost of issuing and maintaining cards, and
the cost to the private sector. As a consequence, the official figure
for the Australia card almost doubled between 1986 and 1987.
Private sector costs for complying with an ID card are very high.
The Australian Bankers Association estimated that the system
would cost their members over one hundred million dollars over ten
years. Total private sector compliance costs were estimated at
around one billion dollars annually.
The official figure for the Australia card was $820 million over
seven years. The revised estimate including private sector and
compliance costs, together with other factors, would amount to
several times this figure.
The UK Governments CCTA (Information Technology Center)
advised that a national smart ID card would cost between five and
eight pounds sterling per head 7, but this figure does not include
administration, compliance etc. When he announced the
introduction of a national ID card in August 1996, the Home
Secretary, Michael Howard, advised that the cost as likely to be at
least double the CCTA estimate (ten to fifteen pounds).8
6. Can ID cards assist law enforcement?
Although Law and Order is a key motivation for the establishment
of ID cards in numerous countries, their usefulness to police has
been marginal. In the UK. Home Secretary Michael Howard told the
1994 Tory Party conference that he believed an ID card could
provide an invaluable tool in the fight against crime. This claim was
toned down somewhat during the gestation of the proposal.
Howard's claim received little support or substantive backing by
academic or law enforcement bodies. The Association of Chief
Police Officers (ACPO) said that while it is in favor of a voluntary
system, its members would be reluctant to administer a compulsory
card that might erode relations with the public. Dutch police
authorities were not generally in favor of similar proposals in that
country, for much the same reason. 9
According to police in both countries, the major problem in
combating crime is not lack of identification procedures, but
difficulties in the gathering of evidence and the pursuit of a
prosecution. Indeed, few police or criminologists have been able to
advance any evidence whatever that the existence of a card would
actually reduce the incidence of crime, or the success of
prosecution. In a 1993 report, ACPO suggested that street crime,
burglaries and crimes by bogus officials could be diminished
through the use of an ID card, though this conflicted with its
position that the card should be voluntary.
In reality, only a national DNA database (such as has just been
opened in Britain) or a biometric database (such as is being
proposed in Ontario) might assist the police in linking crimes to
perpetrators.
Support along these lines for the introduction of cards is also
predicated on the assumption that they will establish a means of
improving public order by making people aware that they are being
in some way observed. Sometimes, cards are proposed as a means
of reducing the opportunity of crime. In 1989, the UK government
moved to introduce machine readable ID cards to combat problems
of violence and hooliganism at football grounds. The general idea
was that cards would authorize the bearer to enter certain grounds
and certain locations, but not others. They could also be canceled if
the bearer was involved in any trouble at a ground or related area.
The idea was scrapped after a report by the Lord Chief Justice
claimed that such a scheme could increase the danger of disorder
and loss of life in the event of a catastrophe at a ground.
One unintended repercussion of ID card systems is that they can
entrench widescale criminal false identity. By providing a one stop
form of identity, criminals can easily use cards in several identities.
Even the highest integrity bank cards are available as blanks in
such countries as Singapore for several pounds. Within two months
of the new Commonwealth Bank high security hologram cards
being issued in Australia, near perfect forgeries were already in
circulation.
This conundrum has been debated in Australia, the UK and the
Netherlands. It relies on the simple logic that the higher an ID cards
value, the more it will be used. The more an ID card is used, the
greater the value placed on it, and consequently, the higher is its
value to criminal elements.
There appears to be a powerful retributive thread running along the
law and order argument. Some people are frustrated by what they
see as the failure of the justice system to deal with offenders, and
the ID card is seen, at the very least, as having an irritant value.
7. What impact do ID cards have on tax evasion and welfare fraud?
The need to develop measures to combat fraud have prompted the
introduction of widescale, integrated, information technology in
most developed countries. These strategies have sometimes
involved the use of cards.
The cost of fraud can be significant, but the causes are often rooted
deeply in human and organizational issues that technology may not
be entirely capable of solving.
Benefits agencies around the world have identified key precursors
to fraud. Three levels of fraud are often expressed, in order of
significance, as:
False declaration, or non declaration, of income and assets
(problems which are also components of non-declaration of income
for tax)
Criminal acquisition of multiple benefits using false identification
More conventional fraud and theft of benefit payments
These conditions should be considered alongside numerous other
factors which contribute to benefit overpayment, including clerical
error and genuine misunderstanding about the terms of payment.
One of the central problems in responding to the question of fraud
has been the general difficulty in assessing its nature and
magnitude. Virtually no ethnographic research exists, and the data
that do exist are drawn principally from internal and external
audits, management reviews, and retrospective studies.10 Many
methodologies have the effect of assessing risk, rather than
quantifying actual fraud. No standard guidelines have yet been
developed to assess the sort of information technology used in
fraud control and identification.11 Additional problems are found
with the definition of fraud, and the terms of audit, which often do
not parallel the parameters of internal departmental cost/benefit
analyses.12
Estimates of the extent of fraud on benefits agencies varies widely.
The Toronto Social Services Department, for example, officially
estimates fraud by way of false identity at less than one tenth of
one percent of benefits paid13, whereas the Australian Department
of Social Security estimates the figure at ten times that amount.14
Estimates of fraud vary widely between one tenth on one per cent
of total benefits, to as high as four percent.15 Britain's popular
estimate of one to two billion pounds is, in international terms, at
the high end of the spectrum.
The Parliamentary Select Committee on the Australia Card warned
that the revenue promises of the card scheme were little better than
"Qualitative assessment" - in other words, guesswork. The
Department of Finance refused to support the Health Insurance
Commission's (HIC) cost benefit estimates (the HIC was the
principle agency behind the scheme). Revenue was constantly
revised downward, while the costs continued to rise. The
Department of Social Security insisted that the ID card would have
done little or nothing to diminish welfare fraud. In evidence to the
parliamentary committee investigating the proposal, the Department
said that much less than one per cent of benefit overpayments
resulted from false identity. The Department decided that it would
pursue other means of tackling fraud. The DSS in the UK argued
against ID cards on the same grounds.
The Australian DSS estimates that benefit overpayment by way of
false identity accounts for 0.6 per cent of overpayments, whereas
non-reporting of income variation accounts for 61 per cent. The key
area of interest, from the perspective of benefit agencies, lies in
creating a single numbering system which would be used as a basis
for employment eligibility, and which would reduce the size of the
black market economy.
8. Can ID cards help to control illegal immigration?
Yes and no. Although the immigration issue is a principle
motivation behind ID card proposals in continental Europe, the
United States and some smaller developing nations, the impact of
cards on illegal immigration has been patchy
The abolition of internal borders has become a primary concern of
the new European Union. The development of the Schengen
agreement between the Benelux countries, France, Spain and
Germany calls for the dismantling of all border checks, in return for
a strengthening of internal procedures for vetting of the population.
France and the Netherlands have already passed legislation
allowing for identity checks on a much broader basis, and other
countries are likely to follow.
The establishment of personal identity in the new borderless
Europe is a contentious issue, but is one which appears (to many
people) to be a broadly acceptable trade-off for the convenience of
greater freedom of movement within the union.
The use of a card for purposes of checking resident status depends
on the police and other officials being given very broad powers to
check identity. More important from the perspective of civil rights,
its success will depend on the exercise of one of two processes :
either a vastly increased level of constant checking of the entire
population, or, a discriminatory checking procedure which will
target minorities.
The two arguments most often put forward to justify the quest to
catch illegal immigrants in any country are (1) that these people are
taking jobs that should belong to citizens and permanent residents,
and (2) that these people are often illegally collecting
unemployment and other government benefits.
The image of the illegal immigrant living off the welfare of the
State is a powerful one, and it is used to maximum effect by
proponents of ID cards. When, however, the evidence is weighed
scientifically, it does not bear any resemblance to the claim. When
the Joint Parliamentary Committee on the Australia Card
considered the issue, it found that the real extent of illegal
immigrants collecting government benefits was extremely low. The
report described a mass data matching episode to determine the
exact number. Of more than 57,000 overstayers in New South
Wales, only 22 were found in the match against Social Security
files to be receiving government unemployment benefits. That is, 22
out of a state population of five million. The Department of
Immigration and Ethnic Affairs (DIEA) had earlier claimed that the
figure was thirty times this amount (12.4 per cent as opposed to 0.4
per cent of overstayers).
Indeed most immigration authorities worldwide base their estimates
on qualitative assessment. Again quoting from the Australia Card
inquiry It became clear that the estimates for illegal immigrants
were based on guesswork, the percentage of illegal immigrants who
worked was based on guesswork, the percentage of visitors who
worked illegally came from a Departmental report that was based
on guesswork....The Committee has little difficulty in rejecting
DIEA evidence as being grossly exaggerated.
9. Do ID cards facilitate an increase in police powers ?
Generally speaking, yes. A Privacy International survey of ID cards
found claims of police abuse by way of the cards in virtually all
countries. Most involved people being arbitrarily detained after
failure to produce their card. Others involved beatings of juveniles
or minorities. There were even instances of wholesale
discrimination on the basis of data set out on the cards.
While it is true that cards containing non-sensitive data are less
likely to be used against the individual, cards are often alleged to
be the vehicle for discriminatory practices. Police who are given
powers to demand ID invariably have consequent powers to detain
people who do not have the card, or who cannot prove their
identity. Even in such advanced countries as Germany, the power to
hold such people for up to 24 hours is enshrined in law. The
question of who is targeted for ID checks is left largely to the
discretion of police.
The wartime ID card used in the UK outlived the war, and found its
way into general use until the early 1950s. Police became used to
the idea of routinely demanding the card, until in 1953 the High
Court ruled that the practice was unlawful. In a landmark ruling
that led to the repealing of the National Registration Act, and the
abandonment of the ID card, the Lord Chief Justice remarked :
... although the police may have powers, it does not follow that they
should exercise them on all occasions...it is obvious that the police
now, as a matter of routine, demand the production of national
registration identity cards whenever they stop or interrogate a
motorist for any cause....This Act was passed for security purposes
and not for the purposes for which, apparently it is now sought to
be used.... in this country we have always prided ourselves on the
good feeling that exists between the police and the public, and such
action tends to make the public resentful of the acts of police and
inclines them to obstruct them rather than assist them. 16
10. Do ID cards facilitate discrimination?
Yes. The success of ID cards as a means of fighting crime or illegal
immigration will depend on a discriminatory checking procedure
which will target minorities.
The irony of the ID card option is that it invites discrimination by
definition. Discriminatory practices are an inherent part of the
function of an ID card. Without this discrimination, police would
be required to conduct random checks, which in turn, would be
politically unacceptable.
All discrimination is based on one of two conditions : situational
or sectoral. Situational discrimination targets people in unusual
circumstances. i.e. walking at night, visiting certain areas, attending
certain functions or activities, or behaving in an abnormal fashion.
Sectoral discrimination targets people having certain characteristics
i.e. blacks, youths, skinheads, motor cycle riders or the homeless.
ID cards containing religious or ethnic information make it possible
to carry this discrimination a step further.
Several developed nations have been accused of conducting
discriminatory practices using ID cards. The Government of Japan
recently came under fire from the United Nations Human Rights
Committee for this practice. The Committee had expressed concern
that Japan had passed a law requiring that foreign residents must
carry identification cards at all times. The 18-member panel
examined human rights issues in Japan in accordance with the 1966
International Covenant on Civil and Political Rights. Japan ratified
the covenant in 1979. The Alien Registration Law, ``the Committee
complained in its report, is not consistent with the covenant''.
Ironically, the Parliaments of several European nations, including
France and Holland, have accepted a law introducing the obligation
to identify oneself in numerous situations including, for instance,
at work, at football stadiums, on public transport an in banks.
While the card is voluntary in name, it is in effect a compulsory
instrument that will be carried at all times by Dutch citizens.
Moreover, foreigners can always be asked to identify themselves to
authorities at any moment and in any circumstance.
French police have been accused of overzealous use of the ID card
against blacks, and particularly against Algerians. Greek authorities
have been accused of using data on religious affiliation on its
national card to discriminate against people who are not Greek
Orthodox.
11. To what extent will an ID card become an internal passport?
An ID card, by definition, is a form of internal passport. Virtually
all ID cards worldwide develop a broader usage over time, than was
originally envisioned for them. This development of new and
unintended purposes is becoming known as function creep.
All ID cards - whether voluntary or compulsory - develop into an
internal passport of sorts. Without care, the card becomes an icon.
Its use is enforced through mindless regulation or policy,
disregarding other means of identification, and in the process
causing significant problems for those who are without the card.
The card becomes more important than the individual.
The use of cards in most countries has become universal. All
government benefits, dealings with financial institutions, securing
employment or rental accommodation, renting cars or equipment
and obtaining documents requires the card. It is also used in myriad
small ways, such as entry to official buildings (where security will
invariably confiscate and hold the card).
Ironically, many card subjects come to interpret this state of affairs
in a contra view (the card helps streamline my dealings with
authority, rather than the card is my license to deal with
authorities). The Australia Card campaign referred to the card as a
license to live.
It is clear that any official ID system will ultimately extend into
more and more functions. Any claim that an official card is
voluntary should not imply that a card will be any less of an
internal passport than would a compulsory card. Indeed a voluntary
card may suffer the shortcoming of limited protections in law.
During the campaign against the Australia Card, talk back radio
hosts had become fond of quoting a paragraph of an HIC planning
document on the Australia Card:
It will be important to minimize any adverse public reaction to
implementation of the system. One possibility would be to use a
staged approach for implementation, whereby only less sensitive
data are held in the system initially with the facility to input
additional data at a later stage when public acceptance may be
forthcoming more readily. 17
The campaign organizers stressed the pseudo-voluntary nature of
the card. Whilst it was not technically compulsory for a person to
actually obtain a card, it would have been extremely difficult to live
in society without it.
12. What happens if an ID card is lost or stolen?
Virtually all countries with ID cards report that their loss or
damage causes immense problems. Up to five per cent of cards are
lost, stolen or damaged each year, and the result can be denial of
service ad benefits, and - in the broadest sense - loss of identity.
There exists a paradox in the replacement of cards. The replacement
of a high security, high integrity card involves significant
administrative involvement. Documents must be presented in
person to an official. Cards must be processed centrally. This
process can take some weeks. However, a low value card can be
replaced in a lesser time, but its loss poses security threats because
of the risk of fraud and misuse.
People who lose a wallet full of cards quickly understand the
misfortune and inconvenience that can result. A single ID card
when lost or stolen can have precisely the same impact in a persons
life.
13. What are the privacy implications of an ID card?
In short, the implications are profound. The existence of a persons
life story in a hundred unrelated databases is one important
condition that protects privacy. The bringing together of these
separate information centers creates a major privacy vulnerability.
Any multi-purpose national ID card has this effect.
Some privacy advocates in the UK argue against ID cards on the
basis of evidence from various security threat models in use
throughout the private sector. In these models, it is generally
assumed that at any one time, one per cent of staff will be willing to
sell or trade confidential information for personal gain. In many
European countries, up to one per cent of bank staff are dismissed
each year, often because of theft.
The evidence for this potential corruption is compelling. Recent
inquiries in Australia, 18 Canada 19 and the United States 20
indicate that widespread abuse of computerized information is
occurring. Corruption amongst information users inside and
outside the government in New South Wales had become endemic
and epidemic. Virtually all instances of privacy violation related to
computer records.
Data Protection law is wholly inadequate to deal with the use of ID
cards. Indeed legislation in most countries facilitates the use of ID
cards, while doing little or nothing to limit the spectrum of its uses
or the accumulation of data on the card or its related systems.
14. Has any country rejected proposals for ID cards?
Yes, several. France's ID card, for example, was stalled for many
years because of public and political opposition. Until the late
1970s, French residents were required to possess a national identity
document. This was made of paper, and was subject to the risk of
forgery. In 1979, however, the Ministry of the Interior announced
plans for a higher integrity automated card encased in plastic. The
card was to be used for anti terrorism and law enforcement
purposes. The card, to be issued to all 50 million residents of
France, was to be phased in over a ten year period. New laser
technology was to be used to produce the cards. 21
At first, there appeared to be little resistance to the proposal, but in
a fashion similar to Australian experience (see below), political and
public resistance grew as details of the plan emerged. Although no
identity numbers were to be used (only card numbers) there was
some concern over the possible impact of such cards. Frances
information watchdog, CNIL, managed to suppress the machine
readable function of the proposed cards, though optical scanning
made magnetic stripes somewhat redundant. Publications such as
Le Figaro expressed concern that the cards and related information
could be linked with other police and administrative systems.
Public debate intensified in 1980, with the Union of Magistrates
expressing concern that an ID card had the potential of limiting the
right of free movement. In response to these and other criticisms,
the ruling of CNIL was that no number relating to an individual
could be used, but that each card would carry a number. If the card
had to be replaced, a new number would apply to that particular
document.
In 1981, the Socialists were elected, and the fate of the ID card was
reversed. In an election statement on informatics, Francois
Mitterrand expressed the view that the creation of computerized
identity cards contains a real danger for the liberty of individuals.
His concern was echoed by the minister for the Justice, Robert
Badinter, explained that ID cards presented a real danger to the
individual liberties and private life of citizens, and the new
Minister for Interior then announced the demise of ID cards in
France.22 The plan was re-introduced under a later conservative
government.
In the United States, issues of individual autonomy and national
sovereignty appear to have dominated the Identity card issue.
Despite a high level of anxiety over fraud, tax evasion and illegal
immigrants, successive administrations have refused to propose an
ID card. Extension of the Social Security Number to the status of
an ID card has been rejected in 1971 by the Social Security
Administration task force on the SSN. In 1973 the Health,
Education and Welfare (HEW) Secretary's Advisory Committee on
Automated Personal Data Systems concluded that a national
identifier was not desirable. In 1976 the Federal Advisory
Committee on false Identification rejected the idea of a national
identifier. In 1977 the Carter administration reiterated that the SSN
was not to become a national identifier, and in 1981 the Reagan
Administration stated that it was explicitly opposed to the creation
of an ID card. Throughout the debates over health care reform, the
Clinton Administration has also constantly stressed that it is
opposed to a national identifier. 23
It remains the case that the SSN continues to be a de facto national
identifier, despite constant rulings and legislation to the contrary.
With an estimated four to ten million false or redundant numbers,
there is concern that the SSN might in fact help to entrench illegal
immigration or fraud, nevertheless, there is no plan to upgrade the
number.
Some of the federal agencies mandated to use the SSN are the
Social Security Administration, Civil Service Commission, Internal
Revenue Service, Department of Defence, food stamp program,
Department of Justice, Department of energy, Department of
Treasury, Department of State, Department of Interior, Department
of Labor, Department of Veterans Affairs, and to all federal
agencies for use as an identifier for record keeping purposes. State
agencies can also use the number for welfare, health and revenue
purposes, and third parties are mandated to request the SSN for
verification for products or services.
In recent months, proposals by the Clinton administration to reform
the US health sector have involved plans to streamline the
administration and information flow amongst all health insurers
and providers. This proposal involves a national card system,
though the federal administration has insisted that the card would
not be general in nature. A recent scheme for employment
verification also provoked an outcry when concerns were raised that
it would lead to the creation of a national ID scheme.
The most celebrated campaign against a national ID card occurred a
decade ago in Australia. In 1986, the Australian Government
introduced legislation for a national ID card called the Australia
Card. Its purpose was to form the basis of the administration of
major government agencies, to link the finance and government
sector, and to perform the standard identification functions
necessary in the commercial and Social Security sectors.
The card became the focus of the single biggest civil campaign in
recent Australian history, and certainly the most notable campaign
of its type anywhere in the world. Tens of thousands of people took
to the streets, and the government was dangerously split over the
issue. The proposal caused such hostility that the card was
abandoned in 1987.24
In 1991, the government of New Zealand drew up a strategy to
reform its health care and social welfare system through the
development of a data matching program, and the introduction of a
sectoral national identity card. The card would link major
Government departments and would have the capacity to track all
financial dealings and even geographical movements. The plan was
known as "social bank", and the card was to be known as a Kiwi
Card.
The proposal for a national card had angered civil libertarians and
law reform groups, partly because the card would be used to
enforce a part payment health system, partly because it was to be
established without protections in law, and partly because it would
create significant problems for certain minority groups. Under the
leadership of the Auckland Council for Civil Liberties, a campaign
of opposition was formed in August 1991. Unlike the Australian
campaigners four years earlier, the New Zealand campaigners had a
precedent from which to develop a strategy.
Although the fight to destroy the Kiwi Card was not anywhere near
as spectacular as the Australia Card campaign, the controversy
resulted in the abandonment of the card, and the adoption of a low
integrity entitlement card (issued in two forms) for the purpose of
health benefits. 25
------------------------------------------------------------------------
Footnotes
1 S.Davies, A case of mistaken Identity, report to the Ontario
Privacy and Information Commissioner, 1996
2 ibid
3 S.Davies, Big Brother, Pan Books, London, 1996, p. 124
4 Senator Shahani, explanatory note to Bill 1685 establishing a
national registration card system
5 Privacy International : International survey of identity cards,
London, 1994
6 Privacy International submission to the Senate of the Philippines,
Manila, 8 May, 1991.
7 David Hencke, Howards ID smart card plans found in junk shop,
The Guardian, January 16, 1995, p. 1
8 Theyve all got something on you, The Independent, London, 23
August 1996, p. 3
9 S.Davies, Big Brother, p. 124
10 Commonwealth of Australia, Attorney Generals Department,
submission to the Parliamentary inquiry into fraud on the
Commonwealth 30 May 1992, p5
11 Authors interview with Professor Michael Norton, chairman,
United Kingdom Parliamentary Office of Science and Technology
and advice from Professor Herbert Paschen, chairman of Buro fur
Technikfolgen Abschatzung des Deutschen Bundetstag
(Technology Advisory Bureau to the German Parliament)
12 Perhaps the most obvious of these is the element of deterrence,
which is rarely considered in a full audit, but which often counts
aas a major factor in informal estimates.
13 Authors interview with the Project Manager of Metro
Community Services, Toronto Ontario, January 20, 1994. This
figure is viewed within the agency as an underestimate. The internal
figure is ten times the official government estimate.
14 Submission of the Australian Department of Social Security to
the Joint Select Committee on an Australia Card, and interview
with Peter Roberts, head of fraud prevention, Commonwealth
Attorney Generals Department
15 New Zealand estimates in 1991 were 30- 100 billion NZ dollars
out of a total budget of 10.4 billion NZ dollars, higher than some
Canadian estimates, but lower than Britains.
16 Wilcock v. Muckle (1952) 1 KB 367, at page 369
17 Health Insurance Commission, Planning Report of the Health
Insurance Commission, Feb 26, 1986
18 The Independent Commission Against Corruption concluded an
investigation in 1993, and concluded that abuse of personal
information amongst government information users was endemic
and epidemic. ICAC, Report on unauthorized release of
government information, Vol 1 3, 1992 Sydney
19 The Krever Commission in 1980 investigated the abuse of
patient health record confidentiality by private investigators, and
concluded that the practice was widespread. For an explanation of
the methods adopted by the Commission to uncover these practices,
see the Federal Privacy of Medical Information Act , S Rept96-
832Part 1, 96th Congress, March 19th 1980, pp 24-26
20 Investigation by the Office of the Inspector General of
corruption involving computerized files held by the US Social
Security Administration. cited in United States Congress, Office of
Technology Assessment, Protecting Privacy in Computerized
Medical Information US Government Printing Office, Washington
DC, 1993
21 Flaherty, ibid, p.226
22 ibid p227
23 Briefing notes provided by the US Social Security
Administration
24 S.Davies, Big Brother, pp 130-136
25 ibid 136-139
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