In a message dated 17/11/2001 20:42:40 GMT Standard Time,
[log in to unmask] writes:
<< Identifying a potential conflict in laws, as the court has done, should
stimulate debate about those matters concerned. The lack of a wide debate
would inevitably result in outcomes which only reflected the views of the
immediate participants, and not the wider general views inclusive of as
broad a spectrum of data subjects as possible. >>
--------
The issue of the sale (and publication) of the full register is certainly
something that requires a wide debate, particularly as the right to opt out
has been delayed - when at the same time the powers of Electoral Registration
Officers (EROs) have been widened to allow inspection of other council
records.
As an example, if you objected to the commercial use of your data and decided
the only way to stop it happening was to break the law and refuse to complete
the form, the ERO could go to your Council Tax record and obtain the required
information from there, or from your benefits data, or from any record held
by a local authority.
What if the reason you refused to complete the form was for personal safety,
such as battered wives living in a "safe house" or the nature of your job was
such that your home address on a public record would put you at risk? The
ERO could still obtain the data from other records. Therefore 192.com and
others could still buy it.
Some EROs have, on moral grounds, refused to use these new powers. Many EROs
agree that the UK law (Representation of the People Act 2000) breaches the
spirit of the DPA98 and those that have read the EC Directive on Data
Protection (95/46/EC) know that it breaches the letter of the European
legislation. But they are being pressured to increase response rates,
regardless of the rights and freedoms of the data subjects.
Do other countries in Europe have a voters list that is made public and/or
made available for commercial use?
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
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