If encouragement to vote in elections is a function of local authoritites
and processing ages/dates of birth is necessary for the exercise of that
function, then such processing is justified under para 5(d) of Sch 2.
Although nationality is not the same thing as racial or ethnic origin, there
it might be construed as such and so a Sch 3 justification may also be
required. You could look to para 7(b) of Sch 3 for justification but note
the stricter test that the function be conferred by or under an enactment.
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: 14 September 2004 11:16
To: [log in to unmask]
Subject: [data-protection] Electoral register - sending birthday cards to
rising 18s
I've been asked about the possibility of the Council sending out 18th
birthday cards encouraging people to use their vote (as some councils
already do). Whilst this is undoubtedly in the public interest, is it legal
under the DPA?
People haven't been asked for their consent to being approached in this way
but is consent needed or would it be allowed under Schedule 2(5)(d)?
For the first time this year, nationality is being collected on A forms.
Would a similar exercise using that data to encourage people of particular
nationalities to use the vote be legal?
Graham
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