Report - Guardian

156 The LSE Identity Project Report: June 2005occasion on which information contained in the individual’s entry has been provided toa person”. This implies that information can be entered on the Register without theindividual’s knowledge or consent. Yet, without such prophylactic measures, thelikelihood of inaccurate or false information becoming entered onto the Registerremains high.Significantly, it remains unclear to what extent, if any, private parties supplyinginformation to the Register may be exposed to liability for providing information aboutindividuals that is in fact inaccurate or incorrect. Given that public bodies will berelying on the Register to make determinations that will have a significant impact on thelives of the persons concerned, such as decisions related to benefits and public servicesentitlements where the potential harm caused by inaccuracies appearing on the Registerremains high, the issue of potential liability for private parties remains an important one.On a related note, Section 11(6) 373 makes clear that any third party, includingpotentially non-public entities, submitting information to the Register may owe a dutyto the person ordering the provision of the information, namely the Secretary of State. Itis unclear to what extent such a third party may be liable for incorrect information that itprovides to the Register and where that inaccuracy leads to an adverse consequence,such as preventing or hindering the identification of a security risk. This issue alsorequires additional clarification.373 Section 11(6) of the draft UK legislation states:The power of the Secretary of State to make an order specifying a person as a person on whom arequirement may be imposed under this section includes power to provide:(a)(b)that his duty to provide the information that he is required to provide is owed to the person imposing it; andthat the duty is enforceable in civil proceedings:(i) for an injunction;(ii) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c.36); or(iii)for any other appropriate remedy or relief.