Anti-EU campaign database – in contravention of data protection laws?

The politics.co.uk site reports that an anti-EU umbrella campaign called Leave.EU (or is it theknow.eu?) has been written to by the Information Commissioner’s Office (ICO) after allegedly sending unsolicited emails to people who appear to have been “signed up” by friends or family. The campaign’s bank-roller, UKIP donor Aaron Banks, reportedly said

We have 70,000 people registered and people have been asked to supply 10 emails of friends or family to build out (sic) database

Emails sent to those signed up in this way are highly likely to have been sent in breach of the campaign’s obligations under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), and the ICO is reported to have to written to the campaign to

inform them of their obligations under the PECR and to ask them to suppress [the recipient’s] email address from their databases

But is this really the main concern here? Or, rather, should we (and the ICO) be asking what on earth is a political campaign doing building a huge database of people, and identifying them as (potential) supporters without their knowledge? Such concerns go to the very heart of modern privacy and data protection law.

Data protection law’s genesis lie, in part, in the desire, post-war, of European nations to ensure “a foundation of justice and peace in the world”, as the preamble to the European Convention on Human Rights states. The first recital to the European Community Data Protection Directive of 1995 makes clear that the importance of those fundamental rights to data protection law.

The Directive is, of course, given domestic effect by the Data Protection Act 1998 (DPA). Section 2 of the same states that information as to someone’s political beliefs is her personal data: I would submit that presence on a database purporting to show that someone supports the UK”s withdrawal from the European Union is also her personal data. Placing someone on that database, without her knowledge or ability to object, will be manifestly “unfair” when it comes to compliance with the first data protection principle. It may also be inaccurate, when it comes to compliance with the fourth principle.

I would urge the ICO to look much more closely at this – the compiling of (query inaccurate) of secret databases of people’s political opinions has very scary antecedents.

The views in this post (and indeed all posts on this blog) are my personal ones, and do not represent the views of any organisation I am involved with.

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Filed under accuracy, Data Protection, Directive 95/46/EC, Europe, human rights, Information Commissioner

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