Committee publication · Correspondence · 22 May 2025 · HC 570

Letter, dated 9 May 2025, from John Edwards, UK Information Commissioner

From: Speaker's Conference (2024)

Inquiry: Speaker’s Conference on the security of candidates, MPs and elections

Summary

John Edwards, UK Information Commissioner, responds to the Speaker's Conference inquiry on whether MPs and candidates can use GDPR's right to erasure to remove their addresses from publicly available sources like planning applications. He confirms erasure is an option but notes organisations can refuse on grounds including freedom of expression, legal obligation, public interest, archiving, or legal defence. Where legal obligations prevent erasure, alternative routes like Companies House suppression or search engine delisting may apply.

Key findings

Right to erasure under UK GDPR could be invoked by MPs and candidates to request removal of personal information like addresses from public sources, but organisations can refuse on specified grounds.
Where legal obligations require publication (e.g. planning applications), UK GDPR cannot supersede that obligation and right to erasure is ineffective.
Organisations like Companies House have discretionary processes outside GDPR (e.g. Section 1088 Companies Act 2006) to suppress home addresses in certain circumstances.
Search engine delisting is available as a secondary measure, though not absolute and subject to search engines' assessment of public interest.
MPs and candidates may pursue independent legal advice to explore avenues outside UK GDPR protections.

Tone

Factual

Topics

data-protectionprivacyparliamentary-procedure

Key actors

John Edwards, UK Information Commissioner's Office (ICO), Rt Hon. Sir Lindsay Hoyle, Speaker's Conference 2024, Companies House

Notable line

“Invoking the right to erasure could be an option for candidates and MPs to consider, should they wish to see personal information, like their address, removed from publicly available sources.”

Key Quotes

“Invoking the right to erasure could be an option for candidates and MPs to consider, should they wish to see personal information, like their address, removed from publicly available sources.”
— John Edwards · Responding to query on GDPR erasure rights for MPs' addresses

“In cases where a legal obligation is used as a basis for refusal, the UK GDPR would be unable to supersede this and the right to erasure would not be the effective route to have such information removed.”
— John Edwards · Explaining limitations of erasure rights where legal obligations exist

“Where information may be required to remain publicly available, individuals are able to ask for information about them to be delisted on search engines.”
— John Edwards · Offering alternative remedy when erasure is unavailable

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Source · parliament.uk record ↗