Data protection guidance for Electoral Registration Officers and Returning Officers

This lawful basis for processing personal data covers:

• public functions and powers that are set out in UK law 
• the performance of specific tasks in the public interest set out in UK law

In the following situations, the lawful basis for the processing is the performance of a public task (i.e. maintaining the register of electors, and administering the election) in the public interest, as provided for in electoral law:

• An application to register to vote requires an ERO to process National Insurance numbers and dates of birth as part of the application.1 Processing applications to register is part of the ERO’s overall statutory duty to maintain the register of electors.2  
• An RO is required  to process personal data relating to a candidate for nomination purposes as part of the RO’s overall statutory duty to administer the election in accordance with the rules.3   

You will also need to consider the appropriate lawful basis for the processing of personal data not covered by electoral legislation. For example, employment legislation may require you to process personal data relating to the right of polling station staff or canvassers to work in the UK. 

Where it is necessary for the performance of a public task to process personal data, you should determine and record what the basis for that public task is. This will enable you to demonstrate the lawful basis on which you are processing all personal data. The legislative references in the Commission’s guidance for EROs and ROs  may help with this.