During every recent general election campaign I can remember, there have been social media posts where people complain that they’ve received campaign material sent to them, by name, in the post. Electoral law (whether one likes it or not) permits a candidate to send, free of charge, one such item of post regardless of whether the recipient has objected to postal marketing, in general or specific terms. This right is contained in section 91 of The Representation of the People Act 1983. So, if you don’t like it, lobby your new MP in a few weeks’ time to get it changed.
Given that it’s always a topic of contention, I welcome the Information Commissioner’s Office’s publishing of guidance (including on the “one item of post” point) for the public on “The General Election and my personal data – what should I expect?”
What the guidance does not address, however, is a conflict of laws point. Article 21(2-3) of the UK GDPR create an absolute right to object to direct marketing and a consequent absolute obligation on a person not to process personal data for direct marketing purposes upon receipt of an objection. So how does this talk with the right given to electoral candidates to send one such communication?
Tim Turner has written on this point, in his “DPO Daily”, and says “I don’t think the Representation of the People Act trumps the DP opt-out right”, but – on this rare occasion – I think I disagree with him. This is because section 3(1) of the Retained EU Law (Revocation and Reform) Act 2023 provides that retained direct EU legislation – such as the UK GDPR – must be read and given effect in a way which is compatible with all domestic enactments, and, insofar as it is incompatible with them, those domestic enactments prevail.
So, the short answer to the title of this blog is “no” (although they can only send you just one personally addressed item).
The views in this post (and indeed most 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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