Recognising those issues existed in the past did not lead to any resolution.
Looking back, from my perspective, to what appears to have historically
happened;  the data subject always had their rights over-ridden.

It will be interesting to see the level of damages eventually awarded to the
litigant, and if the level of those damages will affect the decision
processes.

The data subjects solicitors were reported as asking for ?1,000, not a great
amount when you consider the moral and personal dilemma the situation caused
the data subject, together with the fact that it actually denied him access
to the democratic process.

I am not aware of the average size of a voters register, so cannot
informatively  determine the potential damages which would arise if all, or
even a proportion of the register data subjects took the same action.
Perhaps one of the other members of the group will be aware of that.

Will the damages given in this case eventually provide some guidance for
data subject damages for a breach of principle one and two in the future?

How will electoral registration officers meet the fair obtaining principle
this year if the forms do not contain the relevant option?

Ian W.



> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of [log in to unmask]
> Sent: 18 November 2001 08:45
> To: [log in to unmask]
> Subject: Re: Sale of Voters Registers - Court Case
>
>
> 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:
>
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire  S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
> Website: www.keepitlegal.co.uk
>
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