by Atul Hatwal
This week, the Labour party report into irregularities in the selection process for Falkirk West’s prospective parliamentary candidate, will be published. The selection procedure was suspended two weeks ago following allegations that Unite was fixing the contest in favour of its candidate – Karie Murphy.
The party had hoped to draw a line under the affair with the publication of the report. But, regardless of the findings of the inquiry, the row is likely to rumble on with the government’s privacy watchdog, the information commissioner, set to be called in.
The suspension of the selection was prompted by two main charges: that Unite members were signed-up for Labour party membership, with their subscription paid, without being told; and Unite and Murphy had privileged access to the local Labour party membership list.
Last week in the Herald, details of a letter of complaint sent to the Scottish party emerged. In it, a Unite member, living in Falkirk West wrote,
“Myself and two family members have been enrolled by Unite…I or my family did not fill in or sign any forms and wish to know what information the party holds about my family.”
Further allegations have been made that Karie Murphy and Unite have used the Falkirk West membership list to contact CLP members without members’ permission on at least two occasions.
If either of these claims is found to be true, Unite will have significantly breached the Data Protection Act.
Under the terms of the Act, each individual must have agreed before their personal details are passed to a different organisation. The law could not be clearer: point 1 of schedule 2 of the Act, which governs the conditions for personal data being used or “processed” by an organisation, states
“The data subject has given his consent to the processing”
At the point where Unite members’ personal details were registered with the Labour party, without their consent being first granted, the law would have been broken.
At the point where Falkirk West Labour party members had their details passed to Unite, without their prior consent, the law would, once again, have been broken.