Data protection guidance for Electoral Registration Officers and Returning Officers

Article 21 of the UK GDPR includes the right to object, meaning that the data subject can object to the processing of their personal data. This right does apply when processing is required for the performance of a public task (such as maintaining the electoral register). 

For example, legislation prevents an elector from changing their edited register preference on a canvass communication.1  

However, if you receive a response to a canvass communication and the elector has themselves clearly indicated on the form that they want to be removed from the open register until further notice, you should treat the canvass response as a notice under Article 21 of the UK GDPR and amend the register accordingly. Further information on this process is set out in our guidance for  running electoral registration.

The right to object to processing cannot however be applied to information where the collection of or the nature of the processing is specified in electoral law. For example, the data subject can object to the processing of their email or telephone contact details in relation to electoral registration, but not to the use of their name or home address.  

You should maintain records to detail any request made under the right to object to processing to demonstrate that you are complying with the principles of processing personal data, ensuring that it is processed lawfully, fairly and in a transparent manner. Your Electoral Management Software (EMS) provider may have the facility to record consent against elector records and you should liaise with them to understand how to manage the process in practice.

The email invitation to register (ITR) that you must use includes an unsubscribe option to allow electors to make a request under the right to object to the use of their contact information for this purpose. 

You should ensure that where you communicate with electors by email, you include an ‘unsubscribe’ option on all emails to allow the data subject to object to the use of their contact information for this purpose.