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Borders, Citizenship and Immigration Bill [HL]

Again I am afraid I must resist this amendment. The statutory duty of confidentiality in Clause 15 seeks to protect personal customs and personal customs revenue information from disclosure, except in the limited and defined circumstances where disclosure is specifically permitted. This reflects the fact that such information, which may include taxpayer information, should be protected from disclosure in the same way as that information is protected by Her Majesty’s Revenue and Customs. Therefore when the border force acquires such information, it will be subject to the statutory duty of confidentiality, unless it is clear that it acquired the information other than in the exercise of the customs function or customs revenue function. However, immigration, asylum and nationality information has never been subject to a distinct statutory confidentiality regime, and therefore, we do not think it appropriate or necessary to impose the same duty of confidentiality in relation to this information as applies to personal customs and personal customs revenue information. When the UK Border Agency acquires information in the exercise of its non-customs functions, such information is protected from unlawful disclosure by the provisions and protections inherent in the data protection and human rights legislation. I hope that the noble Baroness feels able to withdraw this amendment.