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The government is paving the way for UK political parties to “bombard” voters with unsolicited calls, texts and emails ahead of the next general election through changes to data protection laws, critics have warned.
Ministers introduced provisions in the Data Protection and Digital Information bill that would allow the government to “tear up” longstanding campaigning rules, transforming the backdrop of British elections.
The legislation contains new exemptions to existing safeguards against “direct marketing” when communications are “carried out for the purposes of democratic engagement” and targets are 14 years old or above.
Sir Chris Bryant, Labour’s shadow digital minister, said the government was “trying to tear up the rules in a run-up to an election so they can bombard voters with calls, texts and personalised social media messages without their explicit consent”.
The bill has already passed through the House of Commons and is set to face its first debate in the House of Lords on Tuesday.
The proposals raise the prospect of UK ballots increasingly resembling those in the US, where direct marketing is used to spread campaign messages and solicit donations.
Opposition parties are seeking to block the changes, which have so far escaped widespread notice despite warnings from the data protection watchdog.
The Information Commissioner’s Office said during the public consultation on the bill that this is “an area in which there are significant potential risks to people if any future policy is not implemented very carefully”.
The watchdog added that “people can find political direct marketing calls disturbing, particularly if the cause that they are being encouraged to support is one they disagree with”.
Under the bill, the government would need to consult the watchdog before pressing ahead with any data rule changes. It would also need to gain approval for any specific changes via an “affirmative” vote in both the Commons and the Lords.
The ICO has urged ministers to “start any consultation process as soon as possible” so it can influence any proposals brought forward.
Political parties are banned from sending emails, texts, picture messages, video messages and voicemails, as well as direct messages via social media, to individuals without their specific consent.
Sir John Whittingdale, data minister, confirmed earlier this year in a letter about the bill sent to a Labour MP and seen by the Financial Times, that the government in future “may want to encourage democratic engagement in the run-up to an election by temporarily ‘switching off’ some of the direct marketing rules”.
While he insisted any exception would be “subject to appropriate safeguards”, such as respecting an individual’s right to opt out of communications, he argued that ministers should have “flexibility” to change the rules.
“It is our view that maximising political engagement and voter turnout is essential in a healthy democracy,” he said.
Hannah White, director of the Institute for Government, warned it was “very far from voters’ current expectations” that they could be targeted with communications by political parties without their direct consent.
She added that the legislation could potentially “shift” British elections closer to US-style elections.
The bill will also make it lawful for political parties to use personal data relating to actual or perceived political opinions, which is currently subject to a high level of protection, for “democratic engagement”.
Robin Hopkins, a barrister specialising in data protection law at 11KBW, said the change could “make it a bit easier” for parties to buy lists of contact data, though he warned it was not a “green light” to do so.
He added that the legislation would allow a party to say that using personal data for political campaigning without consent was “recognised as valid in law”, but that this was only part of the data protection analysis required.
The government said: “The bill seeks to amend the rules on electronic direct marketing so any MP and other non-commercial organisations can share communications with people who have previously shown an interest in their activities — just like businesses already do.” The legislation “does not exempt MPs from their wider data protection responsibilities, which include requirements to ensure processing is proportionate, necessary and transparent”.
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