Observation
This could be arguable as a promotion exercise in encoraging and reminding
of the right to vote. ie marketing and therefore subject to section 11?
A question arises over whether the data subjects here have in fact ever
beeen advised of the data use and the extent of that use as per Pinciple 1
given the manner the data was collected. I would guess the data was
probably originally collected from those obliged to complete voter census
returns.
Instead of birthday cards perhaps a communication covering principle 1 fair
processing and explaining the existance of the data holding and their rights
of access and erasure / correction under DPA as well as reminding of voter
rights would be a more positive introduction to their 'coming of legal age'
re voting.. From a holistic viewpoint such a communication may encourage
more teenagers to see the value of rights and the linkage to voting, which
is an argued underlying goverment objective.
Dvaid Wyatt
----- Original Message -----
From: "Graham Hadfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, September 14, 2004 11:16 AM
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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