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Home Blogs Diary 2014 09

Dead but not buried: the edited register

7th September 2014
An image from a poster produced by the Electoral Commission in which a woman picks up a letter about changes to the way we register to vote. Also in the picture are five pieces of junk mail.

That picture is from the cover of a poster produced by the Electoral Commission. It tells us that we're going to get a letter about the change from household to individual voter registration – the letter that's being picked up contains this information. We also see five pieces of junk mail, presumably to convey that the letter isn't just another piece of junk with "Important information" written on the envelope. Or perhaps the Electoral Commission is trying to warn us that not reading the letter carefully may result in more junk mail. It's quite possible as the changes to the Representation of the People Regulations include changes to the edited register as well.

The most controversial change is that electoral registration offices may no longer choose how to explain to voters what the edited register is all about. Instead, they need to use a standard set of words. Before I start my rant about Government propaganda, let's first have a quick look at the two other changes…

A new name: the open register

The edited electoral register has been renamed. Since 10 June we should all have been calling it the open register. In a briefing to the House of Lords the Electoral Commission welcomed the change but also noted that the Noble Lords should really have supported the Commission in calling for the register to be abolished:

While we remain of the view that the 'edited' version of the electoral register should no longer be compiled or made available for sale, we accept that the decision to change its name to the 'open' register should provide greater clarity for electors as to its status in relation to the full version and possible uses.

Keep that bit about greater clarity about the uses of the register in mind – we'll get back to that in a sec!

Opting out until further notice, by default

When you opt out you now do so until further notice. Previously, you were opted out until the next annual canvas, at which point your electoral registration office could include your personal details on the open register again. They're no longer allowed to do that. Note, however, that if you re-register, for instance because you've moved house, you'll need to opt out again.

Also, electoral registration offices now have to send you a confirmation letter when you opt out (or opt in, but who in their right mind would do that?). The letter will confirm from what date your details have been removed from the open register – usually this will be the first day of the month.

Statutory propaganda description

Now we're getting to the interesting stuff…

When, in 2012, Government announced the edited register would be retained the Minister for Political and Constitutional Reform said that he had asked the Electoral Commission to do some user testing to make sure voter registration forms provide clear information about the edited register and opting out. Interestingly, he added that he was concerned that some local authorities slightly misrepresent what the [edited register] is used for in order to encourage people to opt out. This has now resulted in two statutory descriptions; a short version and a long one (the version for Scotland is identical). Here's the short version – see if you think it provides great clarity about what the open register is and how it may be used:

There are two registers. Why?

Using information received from the public, registration officers keep two registers – the electoral register and the open register (also known as the edited register).

The electoral register lists the names and addresses of everyone who is registered to vote in public elections. The register is used for electoral purposes, such as making sure only eligible people can vote. It is also used for other limited purposes specified in law, such as:

  • detecting crime (e.g. fraud)
  • calling people for jury service
  • checking credit applications.

The open register is an extract of the electoral register, but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details.

Your name and address will be included in the open register unless you ask for them to be removed. Removing your details from the open register does not affect your right to vote.

If you've received your letter you'll have read the above blab. The first thing to note about the text is that it doesn't answer the introductory question. It talks about what the registers are but not why there are two versions of the electoral roll. In case you're wondering, the reason why there are two versions is that Government reckons that treating voters' personal details as a commodity is good for the economy.

The second thing to note is the choice of words used to describe the open register. The example (it is used by businesses and charities to confirm name and address details) suggests that not opting out is a sensible choice. Not only is there's no harm in businesses confirming your details, apparently you also help poor charities by being on the register!

The example hides the fact is that nobody really knows how the open register is commoditised. Anyone can buy the register and use it for any purpose (no questions asked). When your electoral registration office sells your name and address they don't have a clue as to what it will be used for. Surely, then, it would have been appropriate to mention that the register may be used for any purpose? And if the text does need one or two examples, wouldn't it have been appropriate to mention some uses people may object to? Many people don't want anonymous list brokers and companies such as 192.com to sell their personal details – and it's well-known that these companies are always at the front of the queue when a new version of the electoral roll is published. Shouldn't they have been used as an example, instead of that rather vague statement about helping poor charities by confirming details?

In a funny way, though, the example does answer the introductory question: the message the text is trying to get across is that there are two registers because it helps businesses and poor charities. That is, at least, the view Government has taken.

The long version includes some more examples but is equally biased against opting out:

There are two registers. Why?

Using information received from the public, registration officers keep two registers – the electoral register and the open register (also known as the edited register).

The electoral register lists the names and addresses of everyone who is registered to vote in public elections.

The register is used for electoral purposes – such as making sure only eligible people can vote – and for other limited purposes specified in law. The personal data in the register must always be processed in line with data-protection legislation.

Who uses the electoral register?

  • Election staff, political parties, candidates and holders of elected office use the register for electoral purposes.
  • Your local council and the British Library hold copies that anyone may look at under supervision. A copy is also held by the Electoral Commission, the Boundary Commissions (which set constituency boundaries for most elections) and the Office for National Statistics.
  • The council can use the register for duties relating to security, enforcing the law and preventing crime. The police and the security services can also use it for law enforcement.
  • The register is used when calling people for jury service.
  • Government departments may buy the register from local registration officers and use it to help prevent and detect crime. They can also use it to safeguard national security by checking the background of job applicants and employees.
  • Credit reference agencies can buy the register. They help other organisations to check the names and addresses of people applying for credit. They also use it to carry out identity checks when trying to prevent and detect money laundering.

It is a criminal offence for anyone to supply or use the register for anything else.

The open register is an extract of the electoral register, but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details. The personal data in the register must always be processed in line with data-protection legislation.

Your name and address will be included in the open register unless you ask to be removed from it. Removing your details from the open register would not affect your right to vote.

Who uses the open register?

Users of the open register include:

  • businesses checking the identity and address details of people who apply for their services such as insurance, goods hire and property rental, as well as when they shop online.
  • businesses selling age-restricted goods or services, such as alcohol and gambling online, to meet the rules on verifying the age of their customers.
  • charities and voluntary agencies, for example to help maintain contact information for those who have chosen to donate bone marrow and to help people separated by adoption to find each other.
  • charities, to help with fundraising and contacting people who have made donations.
  • debt-collection agencies when tracing people who have changed address without telling their creditors.
  • direct-marketing firms when maintaining their mailing lists.
  • landlords and letting agents when checking the identity of potential tenants.
  • local councils when identifying and contacting residents.
  • online directory firms to help users of the websites find people, such as when reuniting friends and families.
  • organisations tracing and identifying beneficiaries of wills, pensions and insurance policies.
  • private-sector firms to verify details of job applicants.

The examples are interesting for two reasons: not a single one sounds objectionable and some suggest that not being on the open register may disadvantageous. Let's highlight four of the examples:

  • businesses checking the identity and address details of people who apply for their services such as insurance, goods hire and property rental, as well as when they shop online.

The (entirely false) suggestion raised here is that an application for services, goods or property may be rejected if you're not on the open register. You might even be unable to shop online! It's complete nonsense and a pretty low way of discouraging people from opting out. Whoever came up with this example will be aware that there are plenty of people who still think that you need to be on the edited register in order to get a credit card. Such myths are hard to eradicate and it's sad to see that Government is actually trying to spread more false information.

  • charities, to help with fundraising and contacting people who have made donations.

This example is deliberately ambiguous. It's saying that charities use the open register as a junk mail list and that they may also use it to try to find donors they've lost. It's ambiguous because the second part (contacting people who have made donations) suggests that the first part (to help with fundraising) doesn't refer to unsolicited appeals. Help with fundraising really translates to send unsolicited junk mail.

  • direct-marketing firms when maintaining their mailing lists.

The emphasis should be on the word maintaining. Ever since the consultation on the future of the edited / open register the Direct Marketing Association et all have claimed that they only use the register to make sure that existing junk mail lists are up to date. It seems they have convinced Government that there are no list brokers who use the register as the basis for a junk mail list!

  • online directory firms to help users of the websites find people, such as when reuniting friends and families.

192.com is another company that fiercely lobbied against abolishing the open register, and it has paid off. It's very reassuring to read that all its users have good intentions, such as reuniting friends and families. It does still surprise me a little bit that there are apparently still millions of friends and families that haven't been reunited yet – you would think that by now we should be one huge, jolly family. Anyway, I'm please that perverts and criminals don't use people finding services.

To be continued…

To find out more about how these statutory blabs have come about I've submitted a freedom of information request to the Electoral Commission. It seems obvious that Government felt the need to encourage people not to opt out. What will be interesting to see is to what extent the Electoral Commission objected to the wording, giving that it's a long-term opponent of selling voters' personal details.

Last updated: 
7th September 2014

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