In a message dated 07/09/2001 11:22:13 GMT Daylight Time,
[log in to unmask] writes:
<< 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. >>
and Nicola Wood (IDeA) wrote:
<<Secondary legislation was due this year (and then put back due to the change
of responsibility for electoral law) which would allow 2 versions of the
register to be collated - a 'full version' and an 'edited' version. The full
version would only be used for specified purposes (i.e. electoral purposes,
prevention and detection of fraud and crime etc.) the edited version can be
sold on to anyone.>>
--------------
I am well aware of this legislation and the withholding of the secondary
legislation that would enable this requirement following pressure from
marketing companies, credit reference agancies and even Electoral
Registration Officers (EROs).
However, the requirement for the opt-out is within the main body of
legislation and only the wording to be used is the bit that is required by
the SI. This, I believe, means that EROs are in a position where they are
required by law to offer an opt out for the sold-on register but have no idea
what words to use in the clause.
The other problem is that as a person carrying out a public function, the ERO
is subject to the requirements of Directive 95/46/EC even though there is
inadequate UK law to enable it. Although the only recourse would be to
report the UK for not complying with this directive and the only recompense
would be financial, there may be an argument for informing the ERO of your
desire to not have your details processed for direct marketing or (and I
wouldn't condone this for one moment) withholding your ER form until the
enabling legislation is enforced. This would be purely for the purposes of
assisting the ERO to stay within the law, of course.
It may mean you could not vote in the near future but by the time of the next
serious elections the government may have got its act (Act?) together.
------
Nicola also informs us: <<Incidentally, on the whole, Local Authorities make
only a few sales of the register - generally on to large data collection
companies who then re-sell the data.>>
Then the data ends up on i-CD's www.192.com and Info-UK CD-ROMs and is
matched with telephone directories and route-finder software and who knows
what else to provide a nicely rounded picture of everyone's private life.
A common excuse for suggesting it isn't private data is that "it's publicly
available because it's on the Electoral Register" but if that requirement is
a legal faux pas (the rest of Europe do not do this) then the premise is a
false one.
Ian Buckland
MD
Keep IT Legal Ltd
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