I am puzzled by Ian's comments. The regulations already create two
registers -one, with opt-out, for marketing and one for other defined
purposes. Robertson was objecting to the sale and use of the latter and he
lost his final appeal to the House of Lords?
Alasdair Warwood
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, April 19, 2004 5:22 PM
Subject: Re: Inspection of Full Electoral Register
> In a message dated 19/04/04 11:46:47 GMT Daylight Time,
> [log in to unmask] writes:
>
>
> > Is this really the case? The majority of the offences listed at
Regulation
> > 115 deal with contraventions by particular bodies which have been
supplied
> > with copies for particular uses and the offence occurs (basically) when
> > another use is made of the information or it is passed on. The offences
> > relating to inspection - i.e. 7(4), 97(4) and 99(5) - only occur if
someone
> > makes copies of part of the register or records any particulars within
it
> > other than by means of hand-written notes. There is no mention (that I
can
> > see) of any restriction on the purpose for which the hand-written notes
are
> > taken - but I'll be happy to be corrected if I've missed something.
>
> ------
>
> That may well be the case in the legislation but the common law situation
> with regard the use of the data (Robertson) - with reference to section 11
of the
> DPA and the free vote part of the Human Rights legislation is likely to
> affect any decision on the further use of the voting register. The UK is
in a
> unique situation with regards the public availability of the voters'
register and
> is unlikely to want to have another case go to the Euro courts.
>
> The court held in the Robertson case with respect to using the register
for
> marketing:
>
> * This was in breach of Section 11 of the Data Protection Act 1998,
which
> gives an individual the right to object to his personal data being
processed
> for the purpose of direct marketing. **It mattered not that the ERO would
not be
> the one using the data as long as he knew or anticipated that anyone
buying
> the register is going to use it in this way.** (My emphasis)
>
> * The 2001 Regulations have to be read to give effect to section 11 and
> also the EU Data Protection Directive which talks about the right to opt
out.
> Where there is any inconsistency the Directive and the Act take
precedence.
>
> * The court also said the at the supply of the information to commercial
> organisations without a right to opt out was a breach of the right to
privacy
> and the right to free elections contrary to the Human Rights Act 1998.
>
> So it is understandable, given the first point, that some EROs will
consider
> allowing access to parts of the register that do not relate to the
individual
> may well breach either the Act and/or the Directive.
>
> It is also likely to affect any council that sells their planning list.
>
> Ian
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above 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
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.659 / Virus Database: 423 - Release Date: 15/04/2004
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|