I have for some time been struggling to understand how Section 9 of the
Representation of the Peoples Act 2000 complies with the Human Rights Act
1998 privacy provisions. I was rather hoping discussions in the group would
assist me in my understanding, but that has not happened. Can anybody out
there help clarify things for me?
My difficulty is that article eight of the HRA 1998 provides for a right to
respect for private and family life. That derogated privacy right is then
again derogated: "There shall be no interference by a public authority with
the exercise of this right except such as is in accordance with the law and
is necessary in a democratic society in the interests of national security,
public safety or the economic well-being of the country, for the prevention
of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others."
Section 9 of the RPA 2000 provides the registering voter with the ability to
'opt out' of the sale of their voters data.
1. How does the open provision for sale of the edited voters register fall
into one of the privacy derogations?
2. If it does not, how is section 9 of the RPA 2000 complaint with article
eight of the HRA 1998?
3. Considering the DPA 1998 first and second principles, together with
associated guidance, would the inclusion of an 'opt in', instead of an 'opt
out', at section 9 of the RPA 2000 have created compatibility? (By removing
the need for any derogation.)
Ian W
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