Campaign breached data protection principles
Tuesday 29th June 2004, 12:00AM BST.
PRO-EUTHANASIA group SpeakUpForGuernsey breached data-protection principles in its general-election campaign. The group was reported to the commissioner in April when a candidate complained that sensitive data about his personal beliefs had been circulated without his permission.
Data protection commissioner Dr Peter Harris conducted an investigation and concluded yesterday that a number of principles had been broken.
‘The most serious breaches relate to the processing of sensitive personal data concerning the philosophical beliefs of their supporters on a computer system without consent and the subsequent distribution of the data in electronic form to election candidates,’ said Dr Harris.
An amicable solution had been reached between the Data Protection Office and SpeakUpForGuernsey.
‘They will contact all the people on their database and ask for permission to keep their details and keep them compliant with the law.
‘The alternative was to destroy the information and start again, but we agreed that they could write to people and ask for their permission.
‘I am satisfied with the action they are proposing to take.’
SpeakUpForGuernsey was reported to the data protection commissioner following its campaign urging islanders to fill in a postcard asking for euthanasia to be legalised in Guernsey.
The group conducted a similar campaign in 2003 and the results were sent to deputies.
In the group’s April campaign, postcards were then sent to election candidates to give them an idea of the scale and strength of public opinion on the matter.
The report concluded that the information qualified as sensitive data because it related to a political opinion or belief of a similar nature.
The first data protection principle, which states that special conditions apply to storing sensitive personal data, was breached because computer processing of the information was done without certain conditions being satisfied.
The report also found that the second principle, which states that personal data can be obtained for one or more specified and lawful purposes, was also breached.
‘Data collected for the group’s 2003 campaign may have been used for the different purposes associated with the 2004 campaign.’
The group broke five of the eight data protection principles. Dr Harris said two were serious breaches but said the others were consequential on the breach of the first principle.
The Law Officers will receive a copy of the report.
‘I do not anticipate they will take action, but it’s up to them to decide, bearing in mind that [the group] came clean and agreed to rectify the situation,’ he said.
Euthanasia campaigner Pat Mellor was pleased that the matter was now closed.
‘The data commissioner’s investigation has been of concern, especially a some of the allegations appeared to be politically motivated,’ she said.
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