Data protection guidance for Electoral Registration Officers and Returning Officers

Electoral legislation requires an individual applying to register to vote to provide their nationality or nationalities, or, if they are not able to provide that information, the reason they are not able to do so.1  As ERO you are required to process this nationality data in order to determine which elections the elector is entitled to vote at. 

Data protection legislation does not affect the requirement for nationality information to be provided, however, nationality data is classed as a special category of personal data because it may reveal an individual’s racial or ethnic origin. 

You may also deal with special categories of personal data through: 

• documents received as part of the documentary exceptions process 
• documents received as part of an application for anonymous registration
• information relating to staff appointments 

Processing special category data

Data protection legislation prohibits the processing of special categories of personal data unless an additional lawful basis beyond those for the main purposes of processing data is met. 

For electoral purposes, the appropriate lawful basis for processing special categories of personal data would be that it is necessary for reasons of substantial public interest and with a basis in UK law. For more information on this see our guidance on Lawful basis for processing personal data.

To process nationality data you must have in place a policy document which must explain:

• the procedures for complying with the data protection principles
• the policies for retention and erasure

Your policy document will need to reflect your:

• local processing procedures 
• policies for the retention of personal data
• policies for the erasure of personal data 

This policy document must:

• be kept until six months after the processing ceases 
• be reviewed and updated at appropriate times
• be made available to the ICO on request