Andrew/Stuart et al,
Given that the form has been sent to halls of residence, without the
opt-out clause, but with a statement making it clear that we are legally
required to provided the information, what is your opinion on an
institution's obligation to inform the student of how the data will be
used? Surely, if the government have decided not to inform the voting
public of how the data will be used, the onus is not on individual
institutions (such as ours) to do so?
The option we are considering, is to inform students (via a noticeboard) of
the option to register themselves on the electoral roll and leaving a form
for them to complete if they wish to do so.
Matthew
"Okey, Andrew" <[log in to unmask]>@JISCMAIL.AC.UK> on 07/09/2001
11:25:00
Please respond to "Okey, Andrew" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
To: [log in to unmask]
cc: (bcc: Beverley Windibank/Registry/Southampton Institute)
Subject: Re: Electoral Roll and Junk Mail etc
And following up Stuart's point for those of us who work in the HE sector -
if
any of you have previously helped out Electoral Registration staff by
sending
them lists of students based in your residences, you will have to either:
(i) discontinue this practice, or -
(ii) ask every student individually whether they want to opt-out of the
commercial lists before making any return.
Andrew Okey
Lancaster DP Project
> -----Original Message-----
> From: Stuart Lynch [SMTP:[log in to unmask]]
> Sent: 07 September 2001 11:23
> To: [log in to unmask]
> Subject: Re: Electoral Roll and Junk Mail etc
>
> Section 9 of the Representation of the People Act 2000 makes specific
> provision for electors to opt out of having their details included in a
> register which can be sold for purposes not connected with elections (or
> certain other purposes to be clearly defined in secondary legislation).
> Each Electoral Registration Officer must produce two versions of the
> register - a complete version to use for purposes related to elections,
etc,
> and a "commercial" version which excludes those electors who have opted
out
> of the general sale purpose. In future, forms used to compile electoral
> registers must contain an opt-out clause to allow for this. I understand
> the opt-out clause was supposed to be included in secondary legislation,
but
> that it is not available yet and canvassing for the first registers to be
> compiled under the new Act has gone ahead without the opt-out.
>
> Stuart Lynch
>
> The contents of this e-mail are the personal view of the author and
should
> in no way be considered the official view of Wirral Metropolitan Borough
> Council.
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]]
> Sent: 07/09/2001 09:50
> To: [log in to unmask]
> Subject: Electoral Roll and Junk Mail etc
>
>
> Interesting article in the news today:
>
> "A TEST case was being launched today over the legality of local councils
> selling information from electoral registers for commercial use. Brian
> Robertson decided to bring the High Court challenge as he objects to the
> loss
> of privacy and the junk mail which results from the registers' contents
> being
> sold to various companies, as well as credit reference agencies. Because
Mr
> Robertson, of Pontefract, West Yorkshire, refuses to put his name on the
> register he cannot vote. Today his lawyers are applying to Mr Justice
> Maurice Kay for permission to seek judicial review, arguing that his
> fundamental democratic right to vote has been violated by being made
> conditional on him agreeing to have his name passed on for commercial
> purposes, when the franchise should be an absolute right. The lawyers
are
> challenging Wakefield City Council's practice of passing on the personal
> details of local voters without giving them the chance to opt out, saying
it
> breaches both human rights and data protection laws. "
>
> Given the undeniable right we all have under the DPA and the EC Directive
on
> data protection to not have our data processed for direct marketing
purposes
> should we all add the following words to our Electoral Registration form
> when
> it arrives:
>
> "This information is for election purposes only and should not be sold
for
> any commercial purposes"
>
> or does the current UK law (Representation of the Peoples Act 2000)
override
> our rights?
>
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
> Website: www.keepitlegal.co.uk
>
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