The UK GDPR is underpinned by seven key principles. The "purpose limitation" principle, for instance, states that personal data should be collected for specific and explicit purposes. That doesn't mean an online retailer is banned from adding your details to its junk mail list when you buy something online. They are still allowed to do so (it is considered a "legitimate interest") but they have to tell you exactly how they will use your data and give you the option to opt out. Similarly, the same retailer can still sell your personal details to "carefully selected third parties" but they have to specify exactly who those third parties are, and they have to again give you the choice to opt out.

How is this relevant to the electoral register? Well, it isn't — and that is the point. The normal rules don't apply to the electoral roll. When you register to vote your name and address will appear on an "open" version of the electoral register, unless you opt out. The open register — which until 2014 was known as the "edited" register — may be bought by any person or organisation and can be used for any purpose. The registration form doesn't specify which third parties will process your personal data and for what purpose, for the simple reason that Election Registration Offices have no idea who will buy your details and what they will use it for. The whole point of the open register is to provide all and sundry with a heavily subsidised list with names and addresses.

Regardless of how you feel about state subsidies for marketers, such use of personal data clearly doesn't meet the GDPR's "purpose limitation" principle. Plenty of organisations have pointed this out; the Information Commissioner, Electoral Commission, Association of Electoral Administrators, Local Government Association and the House of Commons Political and Constitutional Reform Committee have all argued that it is simply wrong to sell voters' personal details. But alas, the government has gone in the opposite direction. Since 2014, Electoral Registration Officers are no longer allowed to even mention that junk mailers and list brokers buy the open register for junk mail purposes — by law they are now required to only give you positive examples of how the open register may be used. Worse, the "information" they have to provide incorrectly suggests you might struggle to apply for credit, rent a property or even get a job if you opt out. Luckily, these government-imposed scare tactics are failing. Data from the Office for National Statistics shows that opt-out rates have increased dramatically between 2013 and 2022. The vast majority of electors is nowadays opting out. That is remarkable, as people tend to go with the default option.

Myth busting

There is quite a bit of confusion around the open register, partly thanks to the statutory propaganda on the annual canvas form. I don't think anyone is really worried about not being able to apply for credit, a property or job. Just in case you are concerned, there is nothing to worry about. Credit reference agencies have access to the full register and there isn't a single example of someone who couldn't rent a property or get a job because they hadn't agreed to the government selling their personal details on a "no questions asked" basis. The warnings are complete and utter bullshit.

A more common myth is that local councils make money from selling voters' personal details. This is false. The fees they charge are defined in the Representation of the People Act 2002 (clause 110); it is currently set at £20 plus £1.50 for each 1,000 entries. That is dead cheap for an up to date list with names and addresses. More importantly, there aren't that many businesses that buy the open register. It are mostly the likes of Experian who buy the register. They then "enrich" and resell the data to other list brokers and junk mailers. In other words, the open register doesn't reduce your Council Tax bill — if anything it adds a few pennies. The subsidy is reserved for companies such as Experian and Equifax.

It is also worth noting that local councils do not want to sell your personal details. As mentioned, the Electoral Commission, Local Government Association and the Association of Electoral Administrators all want the open register to be scrapped. They all agree that data collected for electoral purposes should not be sold to list brokers. The only reason they sell your personal data is that they are required to do so by law.

Opting out

The remarkably high opt-out rate is quite a problem for the junk mail industry. When the edited register was invented it was seen as a near-complete and up to date list of names and addresses, which was obvious very valuable for marketers. The current register, which omits the vast majority of names and addresses, is much less useful. This probably explains why the government decided to actively discourage people from opting out.

Regardless, you can make the open register even less useful by opting out. To do so, visit gov.uk to find your local Electoral Register Office and send them an email to opt out. You will remain opted out until you opt in again. So, when you next receive your annual canvas you should find that the open register opt-out box is already checked.

What about previous copies of the register?

When you opt out your name and address are still available on previous copies of the open register, and companies are allowed to use that data (because you consented to the use of your personal data for any purpose at the time). If you were opted in previously then it is a good idea to ask the most common list brokers to stop processing your personal details for "direct marketing" purposes, which is the topic of the next chapter.