Everyone else is expected to follow these laws, yet he continues to flout them.  It’s such a simple thing to do to get it right; to get it wrong can only be incompetence or arrogance.

Here’s the email exchange:

 

You did it again.

Did you actually report yourself to the Information Commissioners Office last time, or did you just say that to fob me off?

How are we supposed to trust you to run things properly when you can’t even handle one simple request, made many times, to PLEASE STOP SENDING ME ELECTORAL MATERIAL IN THE POST?

Colin Bowen.

—–Original Message—–

From: Stephen Metcalfe [mailto:Click here to send me an email.uk]

Sent: 18 May 2009 14:54

To: Colin Bowen

Subject: Potential Breach of Section 11 Data Protection Act 1998

　

Dear Mr Bowen

Thank you for your most recent e-mail.

I have decided the best course of action is to refer the complaint to the Information Commissioner’s Office myself and have therefore written to them today highlighting the potential breach.

I have attached the letter I have written for your information and have copied in the legal department at Conservative HQ.

Again, I apologise for the original breach and hope that my actions concerning the ICO will help us finally resolve this issue.

Yours sincerely

Stephen Metcalfe

South Basildon & East Thurrock Conservative

　

　

　

　

Stephen Metcalfe

Metloc Printers Ltd

37 Victoria Road, Romford, Essex RM1 2LH

 

Tel: xxxxx xxx xxxx Fax: xxxxx xxx xxxx

______________________________

Metloc Printers Limited. Registered in England No. 1294885.

Reg Office: Caxton House, Old Station Road, Loughton, Essex.

　

—– Original Message —–

From: Colin Bowen

To: Stephen Metcalfe

[mailto:Click here to send me an email.uk]

Sent: Sun, 17 May 2009 22:04:40 +0100

Subject: RE:

My recent mailing

　

> Dear Mr Metcalfe

>

> Thank you for your apology. However, this should not have happened in the

> first place. The rules about promotion of a political party are quite

> clear, and you have not followed them.

>

> Without a financial or legal penalty, the incentive to make sue the rules

> are followed won’t be strong enough.

>

> As I said in my earlier email, I will be happy to let the matter drop if I

> receive £100 compensation. If not, I will contact the Information

> Commissioners Office on Tuesday, and make the matter public via the internet

> and/or press.

>

> Yours sincerely

>

> Colin Bowen.

>

> —–Original Message—–

> From: Stephen Metcalfe [mailto:Click here to send me an email.uk]

> Sent: 12 May 2009 15:44

> To: Colin Bowen

> Subject: My recent mailing

>

>

> Dear Mr Bowen

>

> Thank you for your e-mail earlier today informing me of a potential breach

> of Section 11 of The Data Protection Act 1998, and the attached supporting

> documents.

>

> First, please accept my apologies that we have sent you unsolicited mail,

> however, it would appear that we have no record of your earlier

> correspondence, for which I apologise again.

>

> The Electoral Register is republished every year and each time electors

> receive a different electoral number. It would appear that for some reason,

> if there were a record of your earlier correspondence on our database, my

> local association records appear accidentally not to have been updated with

> that, and that again I can only apologise and say that I will endeavour to

> ensure that all reasonable precautions have been taken to ensure this does

> not happen again.

>

> If you wish to discuss this matter further, I am available on my personal

> mobile xxxxx xxx xxxx and would welcome the opportunity to apologise

> personally.

>

> Yours sincerely

>

> Stephen Metcalfe

> South Basildon & East Thurrock Conservative

>

>

>

>

> Stephen Metcalfe

> Metloc Printers Ltd

> 37 Victoria Road, Romford, Essex RM1 2LH

> Tel: xxxxx xxx xxxx Fax: xxxxx xxx xxxx

> ______________________________

> Metloc Printers Limited. Registered in England No. 1294885.

> Reg Office: Caxton House, Old Station Road, Loughton, Essex.

>

>

> —– Original Message —–

> From: Colin Bowen

> To: Click here to send me an email.uk

> Cc:

> Click here to send me an email.uk,

> Click here to send me an email.uk, Click here to send me an email

> Sent: Tue,

> 12 May 2009 10:51:43 +0100

> Subject: Your recent mailing

>

>

> > In 2007 I received unsolicited mail from Stephen Metcalfe. I used the

> reply

> > paid envelope to tell you not to send mail to me (see attachment

> > 2007-09-28).

> >

> > Recently I received another letter from Stephen Metcalfe (see attachment

> > 2009-05-12), in breach of Section 11 of The Data Protection Act 1998.

> >

> > I also attach a document from the Information Commissioner’s Website

> > entitled “Promotion of a Political Party” which clearly states your

> > obligations under the Act; “During election time, political parties will

> > have access to the full electoral register for campaigning purposes. They

> > should bear in mind that individuals have a fundamental right under

> Section

> > 11 of the Data Protection Act to require organisations (including

> political

> > parties) to stop sending them marketing material. Before sending

> marketing

> > material during election time, the constituency party or local association

> > should check that they haven’t already received a Section 11 request

> from

> > the individual they are proposing to contact. For more information about

> > Section 11, please see Chapter 4.3 of our Legal Guidance. We accept that

> > where a constituency party or local association is a separate legal entity

> > from that party’s central office, a Section 11 request made to one does

> > not

> > automatically apply to the other, but it cannot be assumed that everyone

> > will appreciate this. It would, therefore, be good practice to check

> whether

> > the individual also requires the request to be passed on to the local or

> > national office as applicable.”

> >

> > As I explained in my letter in 2007, if you failed to follow my

> instructions

> > to cease sending unsolicited mail then I would notify the Information

> > Commissioners Office and ‘the press’. Before I do so, I would like to

> give

> > you the opportunity to compensate me for the stress and inconvenience your

> > breach has caused. If you reply to the email to confirm that you will

> > compensate me with a cheque for £100 (and I receive the cheque on or

> before

> > 19th May 2009), then I will let rest. Otherwise I will contact the

> > Information Commissioners Office to complain, post the attached documents

> to

> > my website, use my social network contacts to spread the word, and contact

> > local and national newspapers and other political parties to make them

> aware

> > of my activities.

> >

> > Colin Bowen.

> >

> > PS. Only use this email address for replying to this matter; do not use

> my

> > email address for any other purpose.

> >

>

>

>