Related Information
Important information on the consultation on the Edited Electoral Register – closing date 23 February 2010
The Ministry of Justice has published a public consultation, which closes on 23 February, to consider whether to discontinue the edited electoral register.
In the UK, consumers and businesses benefit from the system currently in place – with the availability of full and edited electoral registers – and without an alternative (such as ID cards, which is how this is managed in other countries), any reduction in availability of either register would have a profound impact.
We urge all our clients to respond to the consultation and set out how they use the edited register – and this might be in products/services from Experian – and what impact the loss of the register would have on them. Consumers will also be impacted in various ways, so they are encouraged to take the opportunity to have their say.
See attached newsflash from the Department for Constitutional Affairs and the content list for the commencement order. Of particular importance to the industry is the new provision in respect of offences relating to false registration. Information relating to suspected offences should be provided to local authorities in order to preserve the integrity of the register and to deter fraud.
Download the Electoral Administration Act 2006 Commencement Key Provisions 11 September (pdf) »
Download the Table of Provisions in First Commencement Order for the Electoral Administration Act 2006 (pdf) »
The Electoral Administration Bill Supplementary Regulations
Secondary legislation to improve the security of the postal voting system was laid in Parliament on 19 December 2005. It was announced by Harriet Harman on introduction of the Electoral Administration Bill.
The Commons debate for the following Statutory Instruments has been scheduled for 28 February 2006;
- Representation of the People (England and Wales)(Amendment) Regulations 2006
- Representation of the People (Scotland) (Amendment) Regulations 2006
- National Assembly for Wales (Representation of the People) (Amendment) Order 2006
The regulations will be debated in Standing Committee. Members of the Committee are unable to amend the regulations and at the end of the debate the regulations are either accepted or rejected. If accepted they will then debated in the House of Lords before final approval by the Minister. The regulations will be in force before the start of the electoral cycle for the May 2006 elections. Measures in the Electoral Administration Bill will not apply for these elections.
Impact on availability of Credit Reference Agency data is minimal. It should ensure that all rolling registers contain "z" (opt out) markers in future. Some local authorities have not been supplying the markers resulting in their rolling registers having to be loaded as all opted out. Some other changes make full data available to more public bodies and resolve a technical access issue. Both issues were included in Experian's response to consultation.
Download a summary of the Electoral Administration Bill, Secondary Regulations (Word document) »
The co-ordinated online record of electors (CORE) The implementation of national access arrangements - consultation
This consultation document seeks the views on a number of detailed issues and proposals for the implementation of arrangements providing national access to locally collected and maintained electoral registration data.
Consultation begins on 14 December 2005
Consultation ends on 7 March 2006
Read more on the DCA website »
Is largely concerning the technical aspects of supply of data to credit reference agencies. Experian is preparing a response.
ODPM report on Voter Registration
The ODPM: Housing, Planning, Local Government and the Regions Committee published a joint report on 24 March 2005 on Electoral Registration. Visit the UK Parliament website to obtain a copy of this report.
The consultation and subsequent report were ostensibly about individual registration but also covered a number of other issues and, yet again, raised the question of the use of the register for commercial purposes.
A further consultation is scheduled for the summer to address a number of outstanding issues, and this report also recommends that the matter be included in that consultation. It will be important that members of the credit industry respond in order to reinforce the outcome of the previous efforts in retaining access to this data. The Select Committee did not recommend that the access be withdrawn, merely that views be solicited.
Electoral Register regulations
The regulations impacting on the commercial purposes for which the full version of the Electoral Register may be supplied were finalised in July and came into force in October 2002. The practical implications of these regulations . will have no impact on the majority of Experian clients accessing Electoral Register data for credit application and related activities, for example money laundering and application fraud prevention. The full version of the register will continue to be available for these purposes.
Representation of the People (England and Wales) (Amendment) Regulations 2002
The supply of Electoral Register data is now tightly controlled by statute. A breach of these provisions would constitute a criminal offence.
From the October 2002 canvass two versions of the register will be available to Experian. The 'full register' listing everyone entitled to vote, but which by law can now only be used for specified 'permitted purposes' ; and the 'edited version' which leaves out the names and addresses of people who have 'opted out' of commercial usage of their details. This version can be used for any purpose as it contains only those individuals who have agreed that their data may be used for general commercial purposes.
The 'permitted purposes' for which the full version of the register may be purchased by a credit reference agency are (regulation 114):
- Vetting applications for credit or applications that can result in the giving of credit. In this context 'application for credit' includes an application to refinance or reschedule an existing credit agreement; 'credit' includes a cash loan or any other form of financial accommodation.
- Meeting obligations under the Money Laundering Regulations 1993, the Money Laundering Regulations 2001 or any regulations amending or replacing either of those regulations, or any rules made under section 146 of the Financial Services and Markets Act 2000.
- Statistical analysis of credit risk assessment in a case where no person included in the Register is referred to by name or necessary implication.
Visit the Office of Public Sector Information website to view the Representation of The People Act 2000.
Visit the supplementary Regulations page »
Experian product strategy
Experian has adapted its products to ensure that only the appropriate level of data will be available. This will apply whether Electoral Register data is visible directly through an on-line search or through, for example, scorecards or other automated decisioning tools.
The full version of the register is no longer available for marketing related activities, but levels of opt-outs are running at around 26% for the 2003 canvass – much lower than originally anticipated but up on 2002. Since the demand for high-volume mailing lists will undoubtedly continue and list verification and consumer segmentation are an industry requirement other data sources or combinations of files will be needed to fill the inevitable gap.
Recognising the need for a robust alternative to the Electoral Register from a marketing perspective, Experian has launched, National Canvasse , as a replacement data source. This includes name and address level data from Experian's Canvasse Lifestyle database, along with significant data contributions from partner organisations in addition to the edited version of the Electoral Register.
Experian's aim has been to create the most comprehensive prospecting data source offering UK wide coverage at the same time as maintaining the very highest levels of data quality and data recency. All of Experian's targeting models are being re-allocated to National Canvasse allowing the same levels of segmentation enjoyed today.
The legal background to the change
Mr Robertson filed an application for a further Judicial Review within days of the vote in the House of Lords. This time the Judicial Review was served on the Lord Chancellor's department as the department with responsibility for the legislation.
Decision in High Court retains electoral register for credit reference agencies.
In the High Court on Monday 19 May Justice Kay (the same judge who found in Robertson's favour in the first Judicial Review) dismissed Mr Robertson's second case after hearing the evidence put forward by the Lord Chancellor's department and Experian. Mr Robertson did not appear for the hearing.
This marks the end over two year's of legal uncertainty surrounding the use of the ER.
21 July 2003 Written judgment in Robertson 2
In the final version of the written judgment Mr. Justice Kay clearly articulates that his original judgment related to the sale for the purposes of direct marketing (para 9) and as such he dismissed Mr. Robertson's claim that it breaches Data Protection Article 8(2).
He then deals with Mr. Robertson's claim that sale of the register to commercial concerns breaches Human Rights Article 3 on the grounds than it disproportionately impacts on his right to vote. Mr. Justice Kay dismisses that claim also on the grounds that adequate consultation occurred and the information is "in any event a matter of public record" supplied to a "limited range of recipients, subject to conditions, for a limited purpose". "It was undoubtedly permissible to conclude that the public interest in the facilitation of credit and the control of fraud outweighed the very modest interference with the right to vote".
Mr. Justice Kay also refers to the fact that the contents of the evidence supplied by the interested parties "dispose me to the view that the balance struck by Regulation 114 is wholly unassailable by reference to public law criteria". Experian collected the information and worked together with the legal advisors to put together the evidence and much of the technical data therein came from our clients. These comments are vindication of the huge effort that went into the collection of this information from all of those concerned. They should also end any possibility of further action in this matter.
21 July 2003 Written judgment in 192.com
Mr. Justice Kay has also dismissed each claim on the part of 192.com. There is nothing in this judgment that is likely to impact on the ability for lenders to obtain and use this data (for purposes permitted under Regulation 114) through the services offered by credit reference agencies.
Read Experian's response (pdf) to the judicial review decision on use of the full electoral register for credit checking (20 May 2003).
Download the written judgment Robertson 2, 21 July 2003 (pdf) »
Download the written judgment 192.com, 21 July 2003 (pdf) »
Disclaimer: The information contained on this webpage is provided for general guidance only. It is not intended to provide you with professional advice nor is it intended to substitute you obtaining professional advice.