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The Information Commissioner’s Office (ICO) has written to the main UK political parties warning them about the need to follow data protection and electronic marketing rules ahead of the European and local elections on 22 May 

The Information Commissioner Christopher Graham’s letter follows a number of concerns raised with the ICO about the political parties’ use of market research surveys to gain political support.

Genuine market research can be carried out in order to help inform a party’s positioning and formulate policies. However, communications claiming to be research that are also intended to canvass support now or in the future are covered by the Privacy and Electronic Communications Regulations. The regulations apply to all electronic marketing, including texts, calls and emails.

Christopher Graham said:

“This is about the political parties demonstrating best practice, and being open and upfront with voters about their marketing activities, explaining to people in a transparent way how their personal details will be used.

“The rules apply to political parties, just as they do to businesses and charities. In communicating with voters, the parties need to be clear about what their intentions are and why they are asking people for their information. We don’t need election campaigns featuring nuisance calls, spam texts and canvassing under the guise of ‘research’.”

The ICO has produced detailed guidance for campaign groups explaining the data protection and electronic marketing rules. The guidance states that campaigning organisations must:

• only send marketing emails, texts or make automated telephone calls to people who have consented to being contacted;
• identify themselves and provide an easy way to opt-out of future direct marketing at all times;
• be clear on whether they are carrying out market research (seeking someone’s opinions) or political campaigning (seeking to persuade them to vote a certain way); and
• be extremely careful when using ‘viral marketing’ that encourages individuals to contact friends and family on the organisation’s behalf.

Read Christopher Graham's letter in full (pdf)

ENDS

If you need more information, please contact the ICO press office on 0303 123 9070 or visit the website at: www.ico.org.uk.

Notes to Editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
 
2. The ICO is on Twitter, Facebook and LinkedIn. Read more in the ICO blog and e-newsletter. Our Press Office page provides more information for journalists.
 
3. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:

• Fairly and lawfully processed
• Processed for limited purposes 
• Adequate, relevant and not excessive 
• Accurate and up to date 
• Not kept for longer than is necessary 
• Processed in line with your rights 
• Secure 
• Not transferred to other countries without adequate protection

4. The ICO’s Guide to the Privacy and Electronic Communications Regulations provides organisations with practical advice on how to comply with the law that covers electronic marketing messages.