The
British National Party data leak that exposed thousands of
members' details raises important
personal data issues, says international law firm
Eversheds.
Simply because information is publicly available online, does
not make it lawful to use any
personal data involved, said Paula Barrett, partner in the IT
group at Eversheds.
"Care must be taken by employers and other third-parties seeking
to make use of such details to ensure that such processing does not
inadvertently place them in breach of data protection legislation,"
she said.
Data protection rights are not conditional upon beliefs of the
individual involved and the publication of personal data creates
potential criminal and civil liabilities for anyone involved, said
Barrett.
"Even where membership of a lawful political party causes
concern, particularly in a democracy, those party members have the
same rights as members of any other political party to have their
personal data protected," added Barrett.
BNP members have expressed concerns about potential backlashes
and job losses after being exposed as members of the far-right
party.
It is illegal for armed forces personnel and police officers to
be members of a political party and other are in roles where
membership of the BNP may be frowned upon.
Barret said employers considering dismissal or disciplinary
action as a result of these details must also ensure they comply
with employment laws otherwise they may face action for unfair
dismissal and/or discrimination on the grounds of race or
belief.