Robertson, R (on the application of) v City Of Wakefield Metropolitan Council [2001] EWHC Admin 915 (16th November, 2001)

Robertson, R (on the application of) v City Of Wakefield Metropolitan Council [2001] EWHC Admin 915 (16th November, 2001)

The absence of an individual right of objection to the sale of the electoral register to commercial interests is incompatible with Article 14(b) of Directive 95/46/EC, constitutes a disproportionate interference with Article 8 ECHR rights, and imposes an unjustified restriction on the right to vote under Article 3...

Source-derived case information.

Citation
[2001] EWHC Admin 915
Parties
Claimant: Brian Reid Beetson Robertson; First Defendant: City of Wakefield Metropolitan Council; Second Defendant / Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Judgment on Substantive Application for Judicial Review
Outcome
Claimant succeeds on substantive grounds; relief to be determined after further submissions.
Legal Topics
Electoral Register Sale, Data Subject Rights, Direct Marketing, Article 8 ECHR, Article 3 First Protocol ECHR, Directive 95/46/ec Compliance, Proportionality, Right to Vote
Public Law Human Rights Law Data Protection Law Electoral Law Electoral Register Sale Data Subject Rights Direct Marketing Article 8 ECHR +4 more

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Summary, issues, holding and outcome

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Parties

Brian Reid Beetson Robertson

Claimant

City of Wakefield Metropolitan Council

First Defendant

Secretary of State for the Home Department

Second Defendant / Interested Party

Procedural Posture

Judicial Review / Judgment on Substantive Application for Judicial Review

Legal Issues

  1. 1 Whether the sale of the electoral register to commercial interests without an individual right of objection is compliant with Directive 95/46/EC Article 14(b)
  2. 2 Whether such sale breaches Article 8 ECHR (right to respect for private life)
  3. 3 Whether such sale imposes an unjustified restriction on the right to vote under Article 3 of the First Protocol ECHR

Ratio Decidendi

The absence of an individual right of objection to the sale of the electoral register to commercial interests is incompatible with Article 14(b) of Directive 95/46/EC, constitutes a disproportionate interference with Article 8 ECHR rights, and imposes an unjustified restriction on the right to vote under Article 3 of the First Protocol ECHR. Section 11 of the Data Protection Act 1998 provides a remedy, but EROs and the Secretary of State have failed to interpret and apply the law in a compliant manner.

Court Disposition

Claimant succeeds on substantive grounds; relief to be determined after further submissions.