Chris
I can only guess at the reasons for the delay, but I think it will be to do
with debates over who will be entitled to a copy of the full register, eg
credit reference agencies. The RPA is one of those bits of enabling
legislation which depends on vast tranches of secondary legislation to give
it effectSu's email has just arrived while writing this - Su, I think the
opt-out you speak of should be worded along the lines of "I do not wish my
details to be disclosed to any organisation which does not have a statutory
right to receive this information". However, it may not be enforceable
because the legislation is prescriptive, stating that regulations will
contain "a form of words to be used by a registration officer for the
purpose of-
(a) explaining to persons registered or applying to be registered, or
persons acting on behalf of such persons, the purposes for which the full
register and the edited register may each be used, and
(b) ascertaining whether the exclusion of their names and addresses from
the edited register is requested by or on behalf of such persons".
I think that any opt-out will only be enforceable if it uses the prescribed
wording.
Stuart Lynch
The contents of this e-mail are the personal view of the author and should
in no way be considered the official view of Wirral Metropolitan Borough
Council.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 07/09/2001 12:26
To: [log in to unmask]
Subject: RE: Electoral Roll and Junk Mail etc
why the delay - any idea
-----Original Message-----
From: [log in to unmask]
Sent: 07 September 2001 11:22
To: [log in to unmask]
Subject: Re: Electoral Roll and Junk Mail etc
Section 9 of the Representation of the People Act 2000 makes specific
provision for electors to opt out of having their details included in a
register which can be sold for purposes not connected with elections (or
certain other purposes to be clearly defined in secondary legislation).
Each Electoral Registration Officer must produce two versions of the
register - a complete version to use for purposes related to elections, etc,
and a "commercial" version which excludes those electors who have opted out
of the general sale purpose. In future, forms used to compile electoral
registers must contain an opt-out clause to allow for this. I understand
the opt-out clause was supposed to be included in secondary legislation, but
that it is not available yet and canvassing for the first registers to be
compiled under the new Act has gone ahead without the opt-out.
Stuart Lynch
The contents of this e-mail are the personal view of the author and should
in no way be considered the official view of Wirral Metropolitan Borough
Council.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 07/09/2001 09:50
To: [log in to unmask]
Subject: Electoral Roll and Junk Mail etc
Interesting article in the news today:
"A TEST case was being launched today over the legality of local councils
selling information from electoral registers for commercial use. Brian
Robertson decided to bring the High Court challenge as he objects to the
loss
of privacy and the junk mail which results from the registers' contents
being
sold to various companies, as well as credit reference agencies. Because Mr
Robertson, of Pontefract, West Yorkshire, refuses to put his name on the
register he cannot vote. Today his lawyers are applying to Mr Justice
Maurice Kay for permission to seek judicial review, arguing that his
fundamental democratic right to vote has been violated by being made
conditional on him agreeing to have his name passed on for commercial
purposes, when the franchise should be an absolute right. The lawyers are
challenging Wakefield City Council's practice of passing on the personal
details of local voters without giving them the chance to opt out, saying it
breaches both human rights and data protection laws. "
Given the undeniable right we all have under the DPA and the EC Directive on
data protection to not have our data processed for direct marketing purposes
should we all add the following words to our Electoral Registration form
when
it arrives:
"This information is for election purposes only and should not be sold for
any commercial purposes"
or does the current UK law (Representation of the Peoples Act 2000) override
our rights?
Ian Buckland
MD
Keep IT Legal Ltd
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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