Dear Sir or Madam

Freedom of Information Request – Open Register

I refer to your request under the Freedom of Information Act regarding the Open Register. The registration of electors is governed by the Representation of the People Act 1983 as amended. Under Section 8 of the Act, the council must appoint an officer of the council to be the registration officer for any constituency or part of a constituency coterminous with or situated in the council’s area. I am the appointed officer for the registration area of Brighton & Hove City Council. My appointment as Electoral Registration Officer is separate to my appointment as Chief Executive and, although appointed by the council, the Electoral Registration Officer’s responsibilities and duties are personal. An example of this is that the register of electors is deemed to be the property of the Electoral Registration Officer, not the local authority.

The Electoral Registration Officer does not carry out the duties on behalf of the local authority but in his own personal capacity. A list of public bodies and local authorities that are subject to the provisions of the Freedom of Information Act is available at the following website:

https://www.gov.uk/make-a-freedom-of-inf...

As you will see, the Freedom of Information Act does not list any person appointed under the Representation of the People Act 1983. It follows that the Electoral Registration Officer, Returning Officer or any other person appointed under the Act are not subject to the provisions of the Freedom of Information Act.

Notwithstanding that there is no statutory obligation to provide this information, the answers to your questions are as follows:

1. If you were previously on the register without having opted out of the open register then your details may have been sold on. There have been two versions of the electoral register for over 10 years, but this year they have been renamed. What used to be called the “edited register” is now called the “open register”. Every year, residents had the opportunity to tick a box on the annual voter registration form if they did not want to be included in the edited register. We legally have to send the electoral register to credit rating agencies. If you hadn’t opted out of the open register in the past then they may have sold your details.

2. If you let me know your address I will be able to check your status on the open register and whether you have in previous years opted out.

3. Brighton & Hove City Council earned £15 from the sale of the open register in 2012-2013.

4. Having to opt-out rather than opt-in to the open register is national legislation, and is not due to council policy.

If you have any further queries regarding this matter please contact the Electoral Services Manager, Charlotte L’Esperance on 01273 294120 or email charlotte.l’esperance@brighton-hove.gcsx.gov.uk

Yours faithfully

Penelope Thompson
Electoral Registration Officer