In a message dated 19/04/04 10:20:15 GMT Daylight Time,
[log in to unmask] writes (snipped):
> I interpret this to mean that the Full Register is still a public document
> and that anyone who is allowed to inspect the register (under supervision)
> may look at as much or as little of it as he/she requires. However, a
> colleague who has just been on some elections training tells me that other
> authorities interpret the regulations more narrowly and will only allow
> people to inspect their own entry, on the grounds that there is a breach of
> the Data Protection Act otherwise.
--------
Graham
The problem arises in respect of the permitted uses of the full register, not
the method of access or the way in which it is presented. The restriction on
the search is so that anyone looking at an electronic version of the register
can still only search by address, not by a person's name.
The permitted use of the full register for members of the public includes
checking their own entries to ensure they are correct. If someone was allowed to
take hand-written notes for purposes such as marketing, say a builder knew a
particular street was having a lot of work done or an "ambulance chaser" was
aware of a leak of industrial effluent, that use would be illegal and the ER
supervisor would have to make sure this was not happening.
Using case law (Robertson) the EROs restricting access are probably being
cautious. On the other side, I know of some councils still allowing unfettered
use of the register in that the access to it in libraries is often
unsupervised. Some give elctronic (searchable) versions to all council departments and
some even respond to telephone enquiries like "can you tell me who lives at
xxxxxxxx?"
I suppose it's a question of risk assessment and management.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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