Dear Colleagues,

I have just been contacted by an Electoral Registration Officer who has raised concern over our access procedures regarding electoral registers less than 10 years old.

Our current procedures are:

The current register is closed until superseded by next year’s register.

We allow supervised public access to historical registers.

We will answer postal enquiries requesting searches of the registers over 10 years old, but for those registers under 10 years old researchers are asked to carry out their own research.

We reserve the right to query any researcher who appears to be making very large quantities of notes from post 1950 electoral registers and who appears to be using the registers for purposes other than historical research.

The registers are stored in our secure, fire-proof strongrooms and are ordered by the public using computers in our searchroom.  The registers are viewed at a specific table in the searchroom, which is supervised at all times by the duty professional.  Each register is signed for by the researcher, who can only gain access to the searchroom and documents by producing ID.

The ERO, however, says that according to the Electoral Commission guidance only registers which are 10 years old and over may be held by the library service for public inspection and research:

'5.3 Any local authority libraries, the British Library and the National Libraries of Scotland and Wales which hold copies of the full register may supply copies of registers which are more than 10 years old (from the first date of publication) for research purposes under certain circumstances. The register may only be supplied as a copy in the format in which the depository holds it, and it may only be supplied for research purposes, which are defined as:56
„statistical or historical purposes [which meet] “the relevant conditions”, in relation to any processing of personal data. [These are]:
(a) that the data are not processed to support measures or decisions with respect to particular individuals, and
(b) that the data are not processed in such a way that substantial damage or substantial distress is, or is likely to be, caused to any data subject.‟
5.4 Legislation on access to the register relates only to the current register and to registers held by libraries and archive units that are over 10 years old. There is no duty to provide access to registers which are not current.'

Our interpretation of this guidance is that it is referring to the supply of copies, not access and so our procedures are in line with the guidance.  The final sentence also seems a little unclear - it seems to be saying that while there is no duty to provide access, one is still allowed to provide access, just not copies.

We could of course be completely misinterpreting this guidance, but we would be grateful for any advice from other archive services on their electoral register access procedures.

I know that there was a similar discussion recently but, as far as I can recall, it was to do with the provision of copies and not necessarily access.

Many thanks,
Emily Rowland

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