I believe Stuart will be right - ERO's will not be able to knit their own
opt-out clauses. The delay cannot, I don't think, be due to discussions over
whether cra's can have the full registers. That decisions has been taken -
they will be able to but for limited purposes i.e. not for marketing .
For the chorus of cynics out there already groaning. Breach of those
conditions would
1. lead to a loss of their licence to use the Roll which would have such
serious commercial consequences it would be unimaginable
2. Such use would be a breach of the First principle and would bring down
the wrath of the OIC.
As a former employee of Experian responsible for policing data use "been
there, done that, got the scars (and the tee-shirts)."
Alasdair Warwood
----- Original Message -----
From: "Stuart Lynch" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, September 07, 2001 11:44 AM
Subject: Re: Electoral Roll and Junk Mail etc
> Chris
> I can only guess at the reasons for the delay, but I think it will be to
do
> with debates over who will be entitled to a copy of the full register, eg
> credit reference agencies. The RPA is one of those bits of enabling
> legislation which depends on vast tranches of secondary legislation to
give
> it effectSu's email has just arrived while writing this - Su, I think the
> opt-out you speak of should be worded along the lines of "I do not wish my
> details to be disclosed to any organisation which does not have a
statutory
> right to receive this information". However, it may not be enforceable
> because the legislation is prescriptive, stating that regulations will
> contain "a form of words to be used by a registration officer for the
> purpose of-
>
> (a) explaining to persons registered or applying to be registered, or
> persons acting on behalf of such persons, the purposes for which the full
> register and the edited register may each be used, and
> (b) ascertaining whether the exclusion of their names and addresses from
> the edited register is requested by or on behalf of such persons".
>
> I think that any opt-out will only be enforceable if it uses the
prescribed
> wording.
>
> 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 12:26
> To: [log in to unmask]
> Subject: RE: Electoral Roll and Junk Mail etc
>
>
> why the delay - any idea
>
> -----Original Message-----
> From: [log in to unmask]
> Sent: 07 September 2001 11:22
> 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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