What is the purpose of collecting your data?
Electoral Services are responsible for producing the electoral register. This is a list of all people who are eligible to vote in elections in the borough of Brent. The law requires us to share this data with various agencies and parties.
Electoral Services are also responsible for managing elections in the borough. This involves using the data collected to enable people to vote, and to enable parties and candidates to participate.
We collect personal data from our residents to enable us to carry out these functions, and all functions are performed in the public interest.
The Council appoints an Electoral Registration Officer (ERO) and a Returning Officer (RO), who have legal powers to collect this data.
Who are the people collecting your data?
Carolyn Downs, Chief Executive of the London Borough of Brent is both the Electoral Registration Officer and the Returning Officer.
What are the laws that govern the collection and use of this data?
The following is a list of all primary and secondary legislation relevant to the collection, processing and retention of personal data by Electoral Services:
- Local Government Act 1972
- Representation of the People Act 1983
- Electoral Administration Act 2006
- Electoral Administration Act 2013
- Representation of the People (England and Wales) Regulations 2001
- Representation of the People (England and Wales) (Amendment) Regulations 2002 and 2006
- Representation of the People (England and Wales) (Amendment) (No 2) 2006
- European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003
- European Parliamentary Elections Regulations 2004
- Police (Scotland) Regulations 2004
- European Parliamentary Elections (Amendment) Regulations 2009
- Local Elections (Principal Areas) Rules 2006
- Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
- Greater London Authority Elections Rules 2007
- The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2011
- The Local Elections (Principal Areas) (England and Wales) (Amendment) Rules 2011
- Greater London Authority Elections (Amendment) Rules 2012
- Neighbourhood Planning (Referendums) Regulations 2012
What is the purpose of collecting your name, address, date of birth, nationality and National Insurance number?
We are legally required to collect this information so that we can determine if you are eligible to vote, and to record you as a legitimate voter. Your National Insurance number is removed as soon as we determine your application.
We share this data with the Government office which provides the Individual Electoral Registration Digital Service. They check the data against other Government records to determine its legitimacy. View more information on this service.
What other data do we collect?
We also collect data on electoral registration and on election staff, so that we can employ them to conduct electoral duties. Political parties and candidates are required to provide information when they wish to stand for election. Again, electoral law determines what data we have to request and how long we retain it.
Who do we share the data with?
The information you provide is held in electoral registers which are managed by electoral registration officers who, using the information received, keep two registers – the full electoral register and the open (edited) register.
The full register is published once a year, and updated every month. This can only be supplied to the following people and organisations:
- the British Library
- the UK Statistics Authority
- the Electoral Commission
- the Boundary Commission for England
- the Jury Summoning Bureau
- elected representatives (MPs. MEPs, local Councillors)
- the Police and Crime Commissioner
- candidates standing for election
- local and national political parties and registered campaigners
- the Council
- Parish and Community Councils
- Police forces and the National Crime Agency
- the local authority’s public library and / or archive services
- Government departments or bodies
- credit reference agencies
- the National Fraud Initiative
- partner Electoral Registration Officers and Returning Officers
We also have to disclose (share) your information with our software providers and contracted printers for the purposes of carrying out our duties in relation to electoral registration and elections.
It is a crime for anyone who has a copy of the full register to pass information from this register on to others, if they do not have a lawful reason for so doing.
What is the full register?
The full register contains data on all registered electors. Anyone can inspect the full electoral register under supervision. They can take extracts from the register, but only as handwritten notes. In accordance with data protection legislation, information taken must not be used for direct marketing purposes unless it has been published in the open version of the register. Anyone who fails to observe these conditions is committing a criminal offence, and may be charged a penalty of up to £5,000.
What is the open register?
The open register contains the same information as the full register, but is not used for elections or referendums. It is possible to opt out of the open register. It is updated and published every month, and can be sold to any person, organisation or company who requests this, for a wide range of purposes. It is used by businesses and charities for checking names and address details: users of the register include direct marketing and online directory firms.
You can choose whether or not to have your personal details included in the open version of the register. It is important to note that they will be included by default unless you ask for them to be removed. Removing your details from the open register will not affect your right to vote.
How long do we hold your data for?
The Electoral Registration Officer and Returning Officer are obliged to process your personal data in relation to preparing for and conducting elections. Your details will be kept and updated in accordance with our legal obligations and in line with statutory retention periods.
What are your rights?
You are entitled to request a copy of any information that we hold about you. Any such requests must be made in writing. If the information we hold about you is inaccurate, you have the right to have this corrected. You also have the right to request that incomplete data is updated.
You have the right to request the deletion of your personal data in certain circumstances (the ‘right to be forgotten’). You also have the right to request that we stop or restrict the processing of your personal data in certain circumstances. Where possible, we will seek to comply with your request, but we may be required to hold or process information to comply with a legal requirement.
If you are dissatisfied with how the Electoral Registration Officer or Returning Officer have used your personal information, you have the right to complain to the Information Commissioner’s Office at firstname.lastname@example.org.
What is the statutory requirement in relation to the collection and provision of your data?
The Electoral Registration Officer and Returning Officer are required to keep a record of your personal data in order to comply with the Representation of the People Act 1983, the Electoral Registration and Administration Act 2013, the Representation of the People Regulations 2001 and the Electoral Registration (Disclosure of Electoral Registers) Regulations 2013.
How can you contact us?
The data controller for the electoral register, the Electoral Registration Officer and the Returning Officer can all be contacted using the same details below:
Electoral Services, Brent Civic Centre, Engineers Way, Wembley, HA9 0FJ, call 020 8937 1372 or email: email@example.com