Document exchanged with the Information Commissioner's Office

Paul-Olivier Dehaye made this Freedom of Information request to Electoral Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Electoral Commission did not have the information requested.

Paul-Olivier Dehaye

Dear Electoral Commission,

Under the Freedom of Information Act, I wish to get access to:

any document held by the Electoral Commission that has been exchanged with the Information Commissioner's Office, concerning data protection issues in the context of the General Election 2015, the Referendum 2016, or the General Election 2017.

Yours faithfully,

Paul-Olivier Dehaye

FOI, Electoral Commission

Dear Paul-Olivier Dehaye,

 

Our Ref: FOI  42/17

 

Thank you for your request under the Freedom of Information Act dated 22
April 2017, received by us on 24 April 2017, concerning:

 

any document held by the Electoral Commission that has been exchanged with
the Information Commissioner's Office, concerning data protection issues
in the context of the General Election 2015, the Referendum 2016, or the
General Election 2017.

 

The Commission aims to respond to requests for information promptly and
within the statutory timeframe of twenty working days.

 

You may expect to receive a reply sent from the Commission by Tuesday 23
May 2017.

 

Kind regards,

 

Ashley

 

Ashley Lardner

Senior Information and Knowledge Adviser

The Electoral Commission

3 Bunhill Row
London EC1Y 8YZ
020 7271 0541

[1]electoralcommission.org.uk

[2]yourvotematters.co.uk

 

[3]Twitter | [4]Facebook | [5]Blog

 

 

 

References

Visible links
1. https://www.electoralcommission.org.uk/
2. https://www.yourvotematters.co.uk/
3. https://twitter.com/ElectoralCommUK
4. https://www.facebook.com/electoralcommis...
5. http://ukelectoralcommission.wordpress.c...

Ashley Lardner, Electoral Commission

Dear Paul-Olivier Dehaye,

 

Thank you for your email to the Electoral Commission dated 22 April 2017,
received by the Commission on 24 April 2017.  Concerning

 

any document held by the Electoral Commission that has been exchanged with
the Information Commissioner's Office, concerning data protection issues
in the context of the General Election 2015, the Referendum 2016, or the
General Election 2017

 

The Commission aims to respond to requests for information promptly and
regrets that on this occasion we have not done so due to internal resource
constraints.  

 

We do hold the information that you requested, and aim to provide a full
response as soon as possible.

 

Thank you for your patience.

Kind regards,

 

Ashley

 

Ashley Lardner

Senior Information and Knowledge Adviser

The Electoral Commission

3 Bunhill Row
London EC1Y 8YZ
020 7271 0541

[1]electoralcommission.org.uk

[2]yourvotematters.co.uk

 

[3]Twitter | [4]Facebook | [5]Blog

 

 

 

References

Visible links
1. https://www.electoralcommission.org.uk/
2. https://www.yourvotematters.co.uk/
3. https://twitter.com/ElectoralCommUK
4. https://www.facebook.com/electoralcommis...
5. http://ukelectoralcommission.wordpress.c...

FOI, Electoral Commission

Dear Paul-Olivier Dehaye,

 

 

 

Our Ref: FOI 42/17

 

Thank you for your email to the Electoral Commission dated 22 April 2017,
received by us on 24 April 2017.

 

The Commission aims to respond to requests for information promptly and
regrets that on this occasion we have not done so.

 

Your request is in bold below followed by our response.

 

You have requested:

 

any document held by the Electoral Commission that has been exchanged with
the Information Commissioner's Office, concerning data protection issues
in the context of the General Election 2015, the Referendum 2016, or the
General Election 2017.

 

 

Our response is as follows:

 

We hold the information you have requested. The Electoral Commission two
sets of information relevant to this request:

 

Firstly correspondence between the Electoral Commission and the
Information Commissioner's Office relating to access to the electoral
registers in relation to the EU Referendum in 2016.  These documents are
attached:

 

·         Use of register

·         Permitted participants and the electoral register 1

·         Permitted participants and the electoral register 2

·         Campaigning groups accessing the full electoral register

 

Some of the information contained in these documents contains personal
data, such as direct contact information of staff members and the names
and contact details of junior staff members, which is exempt under Section
40 of the FOI Act. These documents have been redacted prior to release.

 

Section 40(2) and (3)(a)(i) of the FOI Act

In the information we are releasing, we have redacted some of the
information in the documents. Section 40(2) provides for an exemption
where the information requested constitutes personal data as defined by
the Data Protection Act 2000 (DPA), and where release of the information
requested would breach one of the data protection principles. Some of the
information contained in the requested information falls within the
description of personal data as defined by section 1 of the DPA because
the information relates directly to an identifiable living individual.
Release of this information would breach the first data protection
principle, which states the information must be processed fairly and
lawfully.

 

The second set of information held by the Commission in relation to your
request relates to our regulatory casework and is exempt under Sections 30
& 31 of the FOI Act

 

Section 30(1) (a) (i) and 31 (1) (g)
Section 30(1) (a) (i) of the Freedom of Information Act 2000 (FOI)
provides for exemption from disclosure of information which has been held
at any time by a public authority for the purpose of any investigation
which the authority has a duty to conduct with a view to it being
ascertained whether a person should be charged with an offence. The
section 30 exemption applies to information that is held at any time,
whether or not the investigation is on-going.

Where there is no evidence of criminal activity, or in any event, the
Commission may consider civil breaches. In so far as the investigation
related to other potential breaches of PPERA, section 31 (1) (g) exempts
from disclosure information that would or would be likely to prejudice the
exercise of the Commission’s functions under PPERA for the purposes of
ascertaining whether any person has failed to comply with the law, as
provided by s31 (2)(a) of the FOI Act. Section 31 applies only to the
extent that the information is not exempt under section 30.

 

I trust that this information satisfies your request. The Commission
strives to be an open, transparent authority, but in some circumstances we
cannot responsibly release requested information, and we ask for your
understanding in this regard.

If you are not satisfied with this response, please note that the
Commission operates a review procedure, details of which can be found on
the Commission website at:
[1]http://www.electoralcommission.org.uk/ab...

Please also note that if you have exhausted all internal Commission review
procedures and you are still not satisfied you have the right to appeal to
the Information Commissioner. Details of this procedure can be found on
the ICO website: [2]http://www.ico.gov.uk

 

Yours sincerely

 

Ashley

 

Ashley Lardner

Senior Information and Knowledge Adviser

The Electoral Commission

3 Bunhill Row
London EC1Y 8YZ
[3][Electoral Commission request email]

[4]electoralcommission.org.uk

[5]yourvotematters.co.uk

 

[6]Twitter | [7]Facebook | [8]Blog

 

 

References

Visible links
1. http://www.electoralcommission.org.uk/ab...
2. http://www.ico.gov.uk/
3. mailto:[Electoral Commission request email]
4. https://www.electoralcommission.org.uk/
5. https://www.yourvotematters.co.uk/
6. https://twitter.com/ElectoralCommUK
7. https://www.facebook.com/electoralcommis...
8. http://ukelectoralcommission.wordpress.c...

Paul-Olivier Dehaye

Dear Electoral Commission,

Are you sure the document was attached? I don't see it when logged in here:
https://www.whatdotheyknow.com/request/d...

Usually, WhatDoTheyKnow works flawlessly for me.

Yours sincerely,

Paul-Olivier Dehaye

FOI, Electoral Commission

4 Attachments

Dear Paul,

Apologies, please find the documents attached. Thank you for coming back to me so quickly.

Kind regards,

Ashley

Ashley Lardner
Senior Information and Knowledge Adviser
The Electoral Commission
3 Bunhill Row
London EC1Y 8YZ
[Electoral Commission request email]
electoralcommission.org.uk
yourvotematters.co.uk

Twitter | Facebook | Blog

show quoted sections

Paul-Olivier Dehaye

Dear Electoral Commission,

Thank you for your response.
Is there a list of actors who got access to the electoral commission register?
Could I get a copy of it, under a follow up FOI request?

Thank you

Yours sincerely,

Paul-Olivier Dehaye

FOI, Electoral Commission

Dear Paul-Olivier Dehaye,
 
Our Ref: FOI 82/17
 
Thank you for your request under the Freedom of Information Act dated 7
June 2017, concerning:
Is there a list of actors who got access to the electoral commission
register?
Could I get a copy of it, under a follow up FOI request?
The Commission aims to respond to requests for information promptly and
within the statutory timeframe of twenty working days.
 
You may expect to receive a reply sent from the Commission by Thursday 6
July 2017.
 
Yours sincerely,
 
John.
 
 
John Clubb
Business Support Officer
The Electoral Commission
3 Bunhill Row
London EC1Y 8YZ
[1][Electoral Commission request email]
[2]electoralcommission.org.uk
[3]yourvotematters.co.uk
 
[4]Twitter | [5]Facebook | [6]Blog
 
P Please consider the environment before printing this email
 
 
 

References

Visible links
1. mailto:[Electoral Commission request email]
2. https://www.electoralcommission.org.uk/
3. https://www.yourvotematters.co.uk/
4. https://twitter.com/ElectoralCommUK
5. https://www.facebook.com/electoralcommis...
6. http://ukelectoralcommission.wordpress.c...

FOI, Electoral Commission

Dear Paul-Olivier Dehaye,

 

Our Ref: FOI 82/17

 

Thank you for your email to the Electoral Commission dated 7 June 2017.

 

The Commission aims to respond to requests for information promptly and
has done so within the statutory timeframe of twenty working days.

 

Your request is in bold below followed by our response.

 

You have requested:

Is there a list of actors who got access to the electoral commission
register?
Could I get a copy of it, under a follow up FOI request?

Our response is as follows: 

 

The Commission does not hold the requested information. 

 

Please be advised that there is not a central ‘electoral commission
register’. 

 

Each local authority must appoint an officer of the council to be the
registration officer for their area.  Each Electoral Registration Officer
(ERO) is required by law to keep two registers – the electoral register
and the open register (which was known as the ‘edited’ register before
June 2014).

 

The electoral register

The electoral register is used for electoral purposes, such as making sure
only eligible people can vote. It is also used for other limited purposes
specified in law, such as detecting crime (e.g. fraud), calling people for
jury service and checking credit applications.

 

The [1]Representation of the People Regulations 2001 (as amended) sets out
a comprehensive framework as to who may be supplied with the electoral
register and the restrictions that apply.  For example, a candidate at an
election is entitled to be supplied with the electoral register for the
area in which they are standing.  They may only use it for electoral
purposes and for checking the permissibility of donations.  Only specific
groups – for example, the Office for National Statistics – are entitled to
be supplied with the electoral register by all EROs.

 

A summary of the individuals/groups who can be supplied with the electoral
register is included on our [2]website.  If you do not fall within one of
these groups you will not be entitled to be supplied with the register.
There are also restrictions on the recipients’ use of copies of the
register.

 

However, each electoral register can be inspected, under supervision, by
any person at the relevant local authority.  Hand-written notes may be
taken.  You can find contact details for EROs on our [3]Your Vote Matters
website.

 

The open register

The open register is an extract of the electoral register, but is not used
for elections. It can be bought by any person, company or organisation.

 

The open register omits all electors who have requested that their details
be removed from this version. Any elector who is concerned to protect
their privacy has thus been able since 2002 to opt-out of the open version
of the register. There are no specific restrictions on how the open
register may be used (beyond the requirements of the law, such as the Data
Protection Act 1998). The fees charged by Local Authorities for supplying
the open register are set in legislation.

 

In order to purchase the open register you will need to contact the
relevant local authority. You can find contact details for EROs on our
[4]Your Vote Matters website.

 

Freedom of information

It is worth noting that EROs are not a public authority under the Freedom
of Information (FOI) Act 2000 and, as such, are exempt from the disclosure
requirements imposed by it.

 

I trust that this information satisfies your request.

 

The Commission strives to be an open, transparent authority. 

If you are not satisfied with this response, please note that the
Commission operates a review procedure, details of which can be found on
the Commission website at:
[5]http://www.electoralcommission.org.uk/ab...

Please also note that if you have exhausted all internal Commission review
procedures and you are still not satisfied you have the right to appeal to
the Information Commissioner. Details of this procedure can be found on
the ICO website: [6]http://www.ico.gov.uk

 

Yours sincerely,

 

Ashley

 

Ashley Lardner

Senior Information and Knowledge Adviser

The Electoral Commission

3 Bunhill Row
London EC1Y 8YZ
[7][Electoral Commission request email]

[8]electoralcommission.org.uk

[9]yourvotematters.co.uk

 

[10]Twitter | [11]Facebook | [12]Blog

 

 

References

Visible links
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2. https://www.electoralcommission.org.uk/_...
3. https://www.yourvotematters.co.uk/__data...
4. https://www.yourvotematters.co.uk/__data...
5. http://www.electoralcommission.org.uk/ab...
6. http://www.ico.gov.uk/
7. mailto:[Electoral Commission request email]
8. https://www.electoralcommission.org.uk/
9. https://www.yourvotematters.co.uk/
10. https://twitter.com/ElectoralCommUK
11. https://www.facebook.com/electoralcommis...
12. http://ukelectoralcommission.wordpress.c...

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