Dear Swindon Borough Council,

Please can you provide the process which you follow when issuing mailing lists of voters to external suppliers, such as printing companies.

Please can you confirm whether the council has contacted the Information Commissioner's Office since 4 November 2019 concerning any breaches of the Data Protection Act or the General Data Protection Regulation, in relation to letters issued to voters.

Yours faithfully,

John Smith

Customer Services, Swindon Borough Council

Thank you for your email which has been forwarded to the FOI office for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]

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Susie Kemp, Swindon Borough Council

Dear Mr Smith

Freedom of Information Request – Register of Electors

I refer to your request under the Freedom of Information Act regarding the
Register of Electors. I have been appointed as Electoral Registration
Officer for Swindon Borough Council under Section 8 of the Representation
of the People Act 1983. 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. As such an Electoral Registration Officer does not
carry out the duties on behalf of the local authority but in their own
personal capacity.

A list of public bodies and local authorities that are subject to the
provisions of the Freedom of Information Act is included in Schedule 1 to
the Freedom of Information Act 2000 which can be viewed here:


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 this, I can confirm that the correct data file was sent in
relation to the letter dated 4 November and the error was made by the
printer merging the letter with a separate data file. The Council does not
intend to self-report to the ICO. In making this decision we have assessed
against the ICO's reporting guidance and considered whether it poses a
risk to people and the likelihood and severity of any risks to people's
rights and freedoms. Only if there will be a risk should we notify the ICO
and if it is unlikely, we do not have to report. The issue has been
recorded by our Information Governance Manager as a Data Protection
Incident, and he awaits a report detailing the results of the print
company's investigation, identified process improvements and outcomes once
it is complete.

Yours sincerely



Susie Kemp

Chief Executive & Returning Officer

Swindon Borough Council

Civic Offices, Euclid Street, Swindon, SN1 2JH [2][email address]

Tel: 01793 463008




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