Commentary on Sections Section 20: Data Sharing
103.Schedule 2 of the Electoral Registration and Administration Act 2013 inserts a number of regulation-making powers into section 53 of and Schedule 2 to the RPA 1983. These provisions relate to the implementation of individual electoral registration in Great Britain. They give the Secretary of State power to make regulations about the sharing of data obtained from individuals or other public authorities for the purpose of electoral registration. Before any information can be shared under those provisions, the Secretary of State must consult the Electoral Commission, the Information Commissioner and any other person the Secretary of State thinks appropriate. These provisions currently apply in Great Britain, but not in Northern Ireland. Subsections (1) and (2) of section 20 make amendments to apply those provisions to Northern Ireland.
104.In relation to Northern Ireland, there are existing powers in paragraph 1(4A) of Schedule 2 to the RPA 1983 to permit the Chief Electoral Officer to require information from public authorities. Provision made under those powers is required to include a restriction on the onward disclosure to third parties of the information received by the Chief Electoral Officer from public authorities, save for the purpose of assisting the registration officer to meet the registration objectives or for the purpose of criminal or civil proceedings (see paragraphs 1(4B), 1(6)-(8), 11(1A) and 13(1ZA) of Schedule 2). Subsection (2) of section 20 repeals those existing powers, and the linked requirement for a restriction on onward disclosure of information. Those powers are no longer necessary because regulations instead can be made using the power in the new paragraph 1A(1) to allow the Chief Electoral Officer to require information from public authorities. Subsections (3)-(7) make consequential amendments.
105.Read together with paragraph 11A of Schedule 2 to the RPA, the power to require information from public authorities under paragraph 1A of Schedule 2 includes a power to supply such data to third parties. Provision made under that power is not required to include a restriction on the passing of information to third parties. Accordingly, regulations might allow the Chief Electoral Officer to pass information obtained from public authorities to a body, such as the Northern Ireland Statistics and Research Agency, for purposes other than assisting the Chief Electoral Officer to meet the relevant registration objectives (for example, for statistical or research purposes).