Question

To ask the hon. Member for Broxbourne, representing the House of Commons Commission, whether the Commission is taking steps to enable retiring or defeated hon. Members to legally transfer their casework files to their successors.

Individual Members of Parliament (MPs) are data controllers and therefore are subject to the Data Protection Act 2018.

For the processing of non-sensitive personal data in relation to casework, Members can usually rely on the implied consent of a constituent.

There are additional protections for processing “special category” data because of its sensitivity. This type of data includes information revealing a person’s racial origin, ethnic origin, health details, sexual orientation, and political and philosophical beliefs.

For MPs, paragraphs 23 and 24 of Schedule 1 of the 2018 Act have two main functions that apply when a constituent has contacted them:

• Paragraph 23 sets out when a Member of Parliament (or someone acting with their authority) can process certain “special category” data about an individual, in the course of the Member’s “functions as a representative” (e.g. constituency casework), without having to establish explicit consent.
• Paragraph 24 allows, but does not require, others (e.g. agencies or organisations) who are contacted by Members to disclose special category personal data to them where this is necessary to help with their functions, without having to obtain the explicit consent of the individual concerned.

Whilst provisions have been made within the Act that recognise the key role Members have in supporting constituents, the legislation also ensures the continued right of an individual over their own data. This will therefore continue to mean that individuals should have the right to decide on whether their data is transferred to a members’ successor following a General Election.

As the House is not responsible for personal data processed by MPs (constituents' data, staff data, etc.) this is not a matter for the Commission. However, the Commission is aware that the issue has been raised by the Chair of the Administration Committee, and the House Administration will continue to raise with others the challenges of dealing with casework data as well as support the processes as far as possible.