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District Council HAS to sell Electoral Register to third parties

29 replies

Bekindtoyourknees · 20/10/2013 16:53

unless you opt out. Why? When was this made statutory law? And why didn't I know about it?

OP posts:
2cats2many · 20/10/2013 16:55

I don't know whether they legally have to, but if it bothers you, just opt out.

By the way, any money they make from selling the edited register is used to off-set the cost of gathering the electoral register in the first place, so I personally don't have a problem with it.

Bekindtoyourknees · 20/10/2013 17:00

The letter from my council doesn't say whether it is a legal requirement, just that they "have to". I have opted out, but reckon most people won't read the letter properly or understand the wording/implications

OP posts:
OldLadyKnowsNothing · 20/10/2013 17:00

Not sure when it happened, I have a feeling it was Thatcher's doing. Been opting out for years.

meditrina · 20/10/2013 17:00

They don't have to sell it, but have been able to do so for years. And most councils do (nice little earner).

The provision to opt out has existed for years too. I'd prefer it if it was an 'opt in' system as I think that would be clearer. But it's much better than it was when councils first cottoned on to the money-raising potential of sales but before you could opt out.

meditrina · 20/10/2013 17:04

I'm trying to find out when it became permissible to sell the edited version - not found a definitive answer, but the earliest references are to 2007, so Blair not Thatcher.

(And I may have been wrong about he entire register being available for purchase before that).

DoJo · 20/10/2013 17:07

I don't think that they mean that they legally have to, just that they have to do it because the profits from the sales are built into their budgets.

Bekindtoyourknees · 20/10/2013 17:10

meditrina According to the letter that came with the Electoral Registration, they HAVE to sell it. Was wondering if this was a local government decision or national?

OP posts:
BrokenSunglasses · 20/10/2013 17:11

Maybe they feel they have to because they need the money.

I'd rather have my details sold with an option to opt out than have to pay even higher council tax bills.

WhereDoAllTheCalculatorsGo · 20/10/2013 17:12

The edited version was introduced in 2002 as Councils were selling the full version and an opt-out was deemed necessary (thank God)

Bekindtoyourknees · 20/10/2013 17:58

The problem is I have with this is, as UK citizen, I have the right to vote for someone who I think will best represent my views at a local and/or national level.

I should not have to opt in or out on whether my details can be sold to a third party.

The letter from my Council is disingenous, it doesn't explain WHO has decided that my details have to be sold to a third party, why, or how much money they could expect to make from selling my personal details.

OP posts:
GiveItYourBestShot · 20/10/2013 18:05

The Government decided.

Representation of the People (England and Wales) Regulations 2001.

Your council does not have to actively market the edited register, but they are obliged to provide it if a third party requests it.

olgaga · 20/10/2013 18:12

Surely the point is that it's a public document. Anyone can examine it, but if organisations want to use it for commercial use then the council are entitled to charge them for it!

Meglet · 20/10/2013 18:16

The name the 'edited register' winds me up every time the form appears through my door, it makes it sound more private than it is IYSWIM. It should be called the 'public register' (or something) because the names can be sold to any tom, dick or harry.

I always opt out.

Bekindtoyourknees · 20/10/2013 18:16

GiveItYourBestShot scrolled through Representation of the People, can't see anything about selling the Electoral Roll to third parties? May have missed it though

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ijustwanttobeme · 20/10/2013 18:24

In the LB Sutton, we were sent info as to how to permanently opt out of the edited register.

Simply ring the electoral services dept. at the council or download a form, complete it and send it back. Then hopefully never have to tick/ untick a box ever again.

How many people will actually take the time to read the info and then complete the process?

Bekindtoyourknees · 20/10/2013 19:04

Ijustwant My mum can't even understand the double negatives in the letter, let alone download the form to opt out. And if she doesn't, the council will sell on her details.

OP posts:
HighNoon · 20/10/2013 19:05

Try here
www.legislation.gov.uk/uksi/2002/1871/regulation/15/made and scroll down to paragraph 110. Also gives you the set fees for this data. It's not expensive to buy. Anyone can view the full register in person.

ijustwanttobeme · 20/10/2013 19:14

I was told that it was due to some judicial review over legality of the preprinted tick ( opting people out), on the forms.

dontyouknow · 20/10/2013 19:16

That is a bit cheeky - they don't "have" to, they do it to raise money.

What annoys me is having to opt out each time. I think my council must have had lots of complaints about this as my last form said you can opt out permanently/until you advise them otherwise. But... you couldn't do this on the form, you had to write a separate letter and send it to them.

ijustwanttobeme · 20/10/2013 19:17

bekind- i called the electoral services dept on behalf of my mum and dad to get the form sent out.

They were fine with that but stressed that they would have to sign the form itself. Maybe your LA will do the same?

specialsubject · 20/10/2013 19:30

been like this for 10 years. Tick the box (the bastards don't retain your choice) or DROWN in junk mail.

Bekindtoyourknees · 20/10/2013 19:33

Highnoon thanks for highlighting that for me. gives me some ammo for when I ring the council tomorrow

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GiveItYourBestShot · 20/10/2013 19:35

dontyouknow the law says the council have to sell it. From Highnoon's link:

"Sale of edited and full registers and specified restrictions

Sale of edited register

  1. (1) The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2) below.

(2) In the case of the register—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it."

GiveItYourBestShot · 20/10/2013 19:37

I'm opted out, it nearly prevented me getting a job as allegedly it meant my employers couldn't verify my identity. Not sure why my passport wasn't sufficient!

GiveItYourBestShot · 20/10/2013 19:39

This from the Information Commissioner is also helpful.

www.ico.org.uk/upload/documents/library/corporate/notices/use_of_personal_information_available_on_the_electoral_role.pdf

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