Peter, you asked - As the matter stands at present, are members of the
general public for example still entitled to view the Register(s) in say a
public library ?
The answer is definately YES! The Representation of the Peoples Act 2000
requires the Electoral Registration Officer to compile a PUBLIC REGISTER of
all those eligible to vote. Its seen as part of the fundamental foundation
of electoral democracy.
The act also requires the register to be made available to certain
specified organisations at a specific price. It allows, but does not
require, the ERO to sell to other organisations at a higher price.
The Robertson case was about the subsequent sale of personal data gathered
for one purpose (electoral registration) for another purpose (direct
marketing), and the fact that individuals could not opt out of this
secondary use of their data.
This was of particular concern because:
1. If you aren't registered you can't vote.
2. Registration is (supposedly) compulsory and failure to register is
punishable by a fine of up to £1,000.
3. The only way to prevent the secondary use was to withdraw from the
register, thus Mr Robertson was disenfranchised and risked a large fine -
through no fault of his own!
Ironically the 2000 Act was designed to reduce the availability of the
register for the first time since 1832, when they were first made public.
The idea was to have a full version for electoral purposes which the public
could consult but not copy and an edited version for sale.
The Home Office originally intended the 2002 register (compiled from
October 2001)to be split like this with an opt-out box on the registration
forms. But EROs were subsequently told that the opt-out box was not
essential for compiling the 2002 register, only weeks before the judgement
in the Robertson case!
There's some useful guidance on OIC and Local Government Association
websites. Central government hasn't been as quick to act on this as might
have been expected, given the desire to have on-line voting by 2005.
Well, that's my take on the current situation anyway, Kirsty.
Kirsty E Gray
Information Rights Officer
Gateshaed Council
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