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Members of Parliament and the Data Protection Act 1998

Latest revision: 26 August 2009
Added: 27 May 2005

The following information, is important and should be read by ALL staff who work for an MP.  Then you need to act on it.  

Update 26 August 2009: comment added that FoI does not apply to MPs as individuals.

Update 18 November 2008: link added to SN on 'Data Protection - Constituency casework'

Update 8 August 2007: new guidance from the Information Commissioner relating to Freedom of Information requests

Update 4 October 2006: click here for more recent guidance on requests under the Freedom of Information Act

Update 1 June 2005:  we have now included a PDF version of the updated booklet (see below)


Bob Castle is the Data Protection Officer for the House of Commons administration. He wrote to all MPs to tell them about each Member of Parliament’s obligations under the Data Protection Act 1998 and to let them know how to find information and advice about this aspect of constituency work.

If you use information technology to deal with personal information, or if your office uses computers, even for word processing, you have a legal obligation to register with the Information Commissioner. You will need to register even if your local party organisation has already registered. The registration process is called notification. You can apply either via the Commissioner’s website www.informationcommissioner.gov.uk, or by telephoning the Notification Department 01625 545740.

Either way you will get a standard notification template, which has been designed to cover a Member of Parliament’s specific activities. Once the forms are complete they will need to be signed and returned to the Commissioner’s Office with a processing fee, which can be claimed against the Incidental Expenses Provision.  Your notification has to be renewed each year.

Further advice about the Act, how it applies to you and your office and how to ensure your constituency activities comply with the requirements of the Act is contained in the House of Commons booklet “Advice for Members’ Offices: Data Protection Act 1998 Personal information about constituents and others” which has been recently updated.  Two copies of the booklet have been sent to each new Member and copies of the updated version will be mailed to the other Members in the next couple of weeks.  The booklet is also available on the parliamentary intranet site and can be accessed via the ‘Data Protection’ link on the index page [see footnote 1 below].  The index also provides access to Library research papers and standard notes dealing with specific aspects of the Act.  

It is important that Members’ staff are aware of Data Protection issues and the Act.  The House provides training on data protection for them.  The course covers the basic principles of data protection and the concept of processing personal data and how to apply these principles to the work of an MP’s office. Further details about this course are available on the Working for an MP website: www.w4mp.org [see footnote 2 below]

Please contact me (x2032) if you or you staff have any questions about the contents of the booklet or require advice about the application of the Act in your office.

Bob Castle, House of Commons Data Protection Officer.
Email: castleb@Parliament.uk 
Telephone: 0207 219 2032


[1] Link to booklet on the Parliamentary Intranet (provided you have access) or immediate access here to a PDF version (318 KB).

[2]  Link to training: www.w4mp.org/html/personnel/training/default.asp, scroll down to "Choose a course" and select "Data Protection". If one isn't listed get in touch with the training provider and request it.


Data Protection & Freedom of Information

The Information Commissioner has issued new guidance for MPs' offices, on how to deal with Freedom of Information requests relating to correspondence.

This guidance can be found on the Information Commissioner's website here. But see the important information in the next paragraph.

However, many MPs' staff do not realise that FoI does not apply to MPs as individuals. Staff do not need to respond to FoI requests about correspondence the MP holds, (including casework). So information held by an MP's office about a third party does not fall within FoI. This point does not feature in the Information Commissioner guidance mentioned above, which is addressed to public bodies. Have a look also at our guide on Freedom of Information.


Data Protection - Constituency casework

For guidance with regard to processing personal information about a constituent, or obtaining information about a constituent from a public body, this Library Guide is useful: http://www.parliament.uk/documents/upload/snha-01936.pdf

 

 

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