> Su Goulding on 19 November 2001 at 11:43 state:
> Judge's decision due tomorrow...
From previous debate within this group I gather that most LA's will have
started work to formalise the requirements of the Representation of the
Peoples Act 2000, aimed at producing full and edited voters registers.
With LA's normally being 'risk averse' and their actions generally being
catered for by legislation anyway, I would not have thought the amount of
damages found in favour of the litigant will make much difference.. the
situation will have been resolved. Clearly the damages will add significant
weight to the arguments which the relevant data protection practitioners
have previously put forward, and be particularly supportive of them, if the
past group discussions are anything to go by.
From the newspaper reports of the court case it seems basically to be
dealing with principle one and two breaches. An consequence of the case
which I see as being more difficult to address probably exists within the
organisations who have historically purchased the registers for other
purposes.
Where the voters register data has been matched with other data, and used to
compile other databases, which are then either used or sold for other
purposes, will the liabilities associated with principle one and two
breaches continue to apply?
Organisations which choose to use one of those compiled databases will
probably now have a high degree of risk in continuing to use them. (I have
to move that particular issue forward myself, and it concerns me.)
How many people are contained within the voters registers nationally? The
financial risks appear to look very significant all around, where larger
databases containing voters register material exist. How can those risks be
dealt with quickly?
Also where other organisations obtain the voters register information and it
is kept for significantly longer than a voters register is at the
registrars, because it is used for a different purpose, and the reason for
retention relates to that different purpose, what affect will there be?
Will principle five breaches come to light?
Does the case mean that data unfairly obtained for the purpose will need to
be extracted from compiled databases? If so will organisations who compiled
them have the ability to extract the voters information from the other
information used?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Su Goulding
> Sent: 19 November 2001 11:43
> To: [log in to unmask]
> Subject: Re: Sale of Voters Registers - Court Case
>
>
> ref Ian Welton's comment - "The data subjects solicitors were
> reported as
> asking for £1,000, not a great amount when you consider the moral and
> personal dilemma the situation caused the data subject,
> together with the
> fact that it actually denied him access to the democratic process".
>
> The sum was probably chosen as equivalent to the maximum fine
> which can be
> imposed for failure to register. A tactical measure to deter
> the LA from
> counter-claiming for Mr R's failure to register - leading to
> stalemate plus
> legal costs! Judge's decision due tomorrow...
> regards
> Su
>
> Su Goulding
> Data Protection Analyst
> tel: 020 7330 3491
> mobile: 07767 674376
> [log in to unmask]
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