Data protection guidance for Electoral Registration Officers and Returning Officers

Privacy notices - the right to be informed

Data subjects must be provided with sufficient information to enable them to understand how their personal data is used. This is achieved via a privacy notice which is sometimes called a fair processing notice.

You will need to ensure you have a privacy notice published on your website. This can be a standalone privacy notice or can be included as part of your council’s privacy notice.

The information in a privacy notice must be provided in clear plain language, particularly when addressed to a child, and be provided free of charge.  

It is important that your privacy notice is specific to your local circumstances and the personal data that you process. It must be kept up to date to meet any changes in your approach to processing data. Your council’s data protection/information officer will be able to help you with the contents of the required notices. 

Due to the differences across ERO and RO functions due to devolution, shared services, differences in EMS suppliers and internal structures and processes within each council it is not appropriate for the Commission to provide a template privacy notice.  

In particular, your privacy notice needs to set out how you will use the personal data that is collected. The following bullet points are not an exhaustive list, but give an indication of the sort of things that could be covered in your privacy notice:

  • the fact that personal data contained in the electoral register will be used to conduct an annual canvass, including issuing canvass communications to all households and following up with non-responding properties
  • how information in the electoral register may be used using the prescribed wording to describe the electoral register and the open or edited register (as included on the voter registration form)
  • the fact that personal data contained in the electoral register and absent voting lists will be used to issue poll cards in advance of an election
  • that a postal voter’s signature (where required) and date of birth provided on a postal voting statement will be compared against that postal voter’s signature and date of birth held on the personal identifiers record

You must be clear for what purpose you collect, hold and use people’s data – and ensure that you are not using it for other unrelated purposes. You should periodically review your privacy notices with your council’s data protection officer/information officer to ensure they remain compliant with the current data protection legislation. 

You should ensure your privacy notice is clearly visible on your website and is referenced when communicating with electors and others.

We have produced a checklist for what a privacy notice must contain:

Last updated: 22 February 2023