Be Not Proud - BNP Buys UKIP Membership Database
The British National Party is facing an investigation by the Information Commissioner after allegations it has illegally purchased a database of UKIP members details.
The alleged breach of data protection came to light when many of the members were contacted by the BNP as part of a fundraising drive ahead of the most recent European Elections, in which the BNP gained two seats.
This incident comes one week after the leaking of a list of the BNP's own membership via the internet and Nick Griffin's hotly debated appearance on Question Time.
Steve Kuncewicz, IP and media lawyer at law firm Ralli, had the following comment:
"The BNP is in the midst of a concerted media campaign to try to shift into mainstream politics. Part of their strategy has been to cast themselves as misunderstood and the victim of what Nick Griffin has described as "a concerted anti-BNP' media campaign.
"This story won't help their image. The party has seen its membership leaked three times over the past few years and has regularly quoted the provisions of the Data Protection Act 1988. This may change the landscape and erode any momentum after Nick Griffin's appearance on Question Time.
"Griffin claims neither he, nor any BNP member, has personally purchased such a list but does admit some details of UKIP's membership had been passed by former members.
"The Data Protection Act regulates how personal data can be gathered, stored and processed and contains a number of principles with which any organisation using that data must comply to ensure the data is not misused.
"It would appear here that the UKIP data has been badly misused, both by its disgruntled members and then by the BNP in contacting them to try and raise funds. This means anyone named in the database could potentially sue either party for damages caused directly by its misuse. There are also potential criminal sanctions - if an organisation breaches the DPA persistently after notification from the Information Commissioner or buys information which has been obtained in breach of the principles, it can be fined up to £5,000 in the Magistrates' Court or face an unlimited fine at the Crown Court.
"What makes this particular breach more serious is that the data is regarded as "sensitive personal data" by the DPA. Sensitive personal data cannot be used unless these principles are followed to the letter, and usually the subject of the data will need to give consent. This hasn't happened here, and the timing may be very unfortunate for the BNP as the Information Commissioner is currently consulting on whether or not to impose prison sentences for breaches of the Act.
"People on the list may be rightly concerned their personal safety has been put at risk if they are linked with the BNP in any way, which could lead the Information Commissioner to take a tougher stance than normal. The imposition of higher than usual fines may well cancel out the benefit of any funds raised from UKIP members. Whatever the case, this won't help Nick Griffin's attempts to legitimise the BNP and could fuel public contempt further. "
The alleged breach of data protection came to light when many of the members were contacted by the BNP as part of a fundraising drive ahead of the most recent European Elections, in which the BNP gained two seats.
This incident comes one week after the leaking of a list of the BNP's own membership via the internet and Nick Griffin's hotly debated appearance on Question Time.
Steve Kuncewicz, IP and media lawyer at law firm Ralli, had the following comment:
"The BNP is in the midst of a concerted media campaign to try to shift into mainstream politics. Part of their strategy has been to cast themselves as misunderstood and the victim of what Nick Griffin has described as "a concerted anti-BNP' media campaign.
"This story won't help their image. The party has seen its membership leaked three times over the past few years and has regularly quoted the provisions of the Data Protection Act 1988. This may change the landscape and erode any momentum after Nick Griffin's appearance on Question Time.
"Griffin claims neither he, nor any BNP member, has personally purchased such a list but does admit some details of UKIP's membership had been passed by former members.
"The Data Protection Act regulates how personal data can be gathered, stored and processed and contains a number of principles with which any organisation using that data must comply to ensure the data is not misused.
"It would appear here that the UKIP data has been badly misused, both by its disgruntled members and then by the BNP in contacting them to try and raise funds. This means anyone named in the database could potentially sue either party for damages caused directly by its misuse. There are also potential criminal sanctions - if an organisation breaches the DPA persistently after notification from the Information Commissioner or buys information which has been obtained in breach of the principles, it can be fined up to £5,000 in the Magistrates' Court or face an unlimited fine at the Crown Court.
"What makes this particular breach more serious is that the data is regarded as "sensitive personal data" by the DPA. Sensitive personal data cannot be used unless these principles are followed to the letter, and usually the subject of the data will need to give consent. This hasn't happened here, and the timing may be very unfortunate for the BNP as the Information Commissioner is currently consulting on whether or not to impose prison sentences for breaches of the Act.
"People on the list may be rightly concerned their personal safety has been put at risk if they are linked with the BNP in any way, which could lead the Information Commissioner to take a tougher stance than normal. The imposition of higher than usual fines may well cancel out the benefit of any funds raised from UKIP members. Whatever the case, this won't help Nick Griffin's attempts to legitimise the BNP and could fuel public contempt further. "
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