Harrogate and Knaresborough Conservative Association “failed to comply” with data protection laws after distributing election leaflets which included a Liberal Democrat candidate’s personal details.

The Information Commissioner’s Office found the local Conservative branch published the name and address of Knaresborough councillor Matt Walker during May’s local elections while promoting its own candidate.

In a letter to Cllr Walker following his complaint, the ICO said it found the matter was done without his consent and that it could not constitute a “legitimate or lawful” use of personal data.

It said:

“H&KCA published details of your name and address, without your consent, for the purpose of promoting an alternative candidate in local elections.

“The ICO do not consider this could constitute a legitimate or lawful use of your personal data, and their purpose for publishing and circulating this personal data would not override your individual rights.

“The ICO will now write to H&KCA to advise them of the ICO’s view in this matter.”

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The commissioner’s office added it would provide the Conservative association with advice and guidance on “improving their data processing in the future”.

It also said it would take no further action at this time, but would keep a record of complaints against Harrogate and Knaresborough Conservatives and “take these into account if more are received”.

In a tweet, Cllr Walker said he was “absolutely disgusted” that his personal data was used.

https://twitter.com/MattWalkerLD/status/1588817092744478720

Mr Walker told the Stray Ferret he was at heightened risk of being targeted by anti-vaxxers and conspiracy theorists because he works for the NHS and helped with vaccination technology.

He added:

“Like many people in my profession, I’ve been warned not to advertise my address. Two MPs have been murdered in the last five years by fanatics. I am disgusted that the Conservatives decided to advertise where I live to thousands of Knaresborough residents.

“Harrogate and Knaresborough Conservatives have shown a real lack of judgement in misusing personal data and those in charge of their election campaign clearly need additional training.”

Mr Walker added he “looked forward to receiving an apology”.

The Stray Ferret has approached Harrogate and Knaresborough Conservatives for a response.

In 2020, Conservative Harrogate Borough Council leader, Richard Cooper, sent a letter to the ICO asking for the local Lib Dems’ petitions to be investigated for “data harvesting”.

Cllr Cooper said none of the four petitions were submitted to relevant bodies and were instead an exercise to build a database of contact information. 

The Liberal Democrats described the accusations as a ploy to put people off signing petitions but an ICO spokesperson provided the Lib Dems with advice to improve their data protection policies following the complaint.

North Yorkshire Police has pledged to improve its freedom of information performance after the amount of responses handled on time fell as low as 9%.

The Information Commissioner’s Office included the county’s force in a list of police forces whose FOI responses was deemed under-performing.

Now the force has referred itself to the ICO over its timeliness of responses, its backlog of requests and its low performance.

Organisations are required to respond to requests promptly and within 20 working days. North Yorkshire Police has a target of meeting this 95% of the time but its performance in recent years has fallen woefully short.

It fell as low as 9% in April 2020 and the highest it has reached is 59% in August the same year.

The ICO said in a report dated October 2020:

“Although significant progress has been made to improve NYP’s performance, the Commissioner’s analysis of the performance statistics has led her to issue this practice recommendation to ensure that the trend of improvement continues and NYP achieves satisfactory levels of timeliness.”

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A total of 365 FOI requests were outstanding in April 2020. Of that figure, 309 requests were overdue and 193 were over six months old.

North Yorkshire Police revealed last week it had created an action plan to tackle the problem.

It said the reason for its lack of response was “mainly caused by increased volumes of FOIA requests, subject access requests and Family Court Order request”.

North Yorkshire Police’s FOI response performance as submitted to the Information Commissioner. Table: ICO.

The police action plan has set a target to respond to 85% of requests within 20 working days by September 2022.

The plan recognised its compliance rates had not been met. It said that this was down to “reduced staff resources” and “continued demand for disclosure”.