Victoria's mayor and pro-NDP council candidates alleged to be overstepping privacy regulations and accessing NDP supporter lists

[Mike K.]

Forum member Barra brought up an interesting issue of municipal politicians, including Victoria Mayor Dean Fortin, allegedly accessing provincial and/or federal NDP supporter lists as a means of accessing contact information on potential civic election voters and supporters.

This is believed to be an invasion of privacy and municipal politicians affiliated with or in support of either the federal or provincial NDP parties should not have access to either party's voter contact information. In other words, support for a party does not equate to an open invitation for party affiliated municipal politicians seeking election or re-election to access private information.

Barra's original post was written as follows:

NDP candidates make a practice of using NDP membership lists for phoning and mailing. I contacted the Office of the Information and Privacy Commissioner to complain about this practice. As a party member I provide my personal info for matters related to the provincial and federal parties - not for municipal campaigning. Under the Act, this would be considered a purpose that is inconsistent with the Act. I pursued a complaint for a while, spoke to a party official who agreed that the practice is inappropriate, but didn't take it any farther. Now its happening again - just got a mailer from Dean's campaign.

My response to Barra was as follows:

Thanks, Barra.

So to confirm, Dean Fortin and pro-NDP candidates on council using this list to obtain your contact information is a violation of your privacy or would it just be an inappropriate but tolerable practice?

This thread was started from posts originally created in the NDP "machine" in Victoria thread.

[Bernard]

Originally Posted by Mike K.

Thanks, Barra.

So to confirm, Dean Fortin and pro-NDP candidates on council using this list to obtain your contact information is a violation of your privacy or would it just be an inappropriate but tolerable practice?

Given that political parties are under the jurisdiction of either Elections BC or Elections Canada, I suspect this may actually be illegal, though I would have to go to the trouble of reading the Acts to be sure.

Also, the federal and provincial NDP are linked, but they have to maintain two separate membership lists. There are issues if the party on one level can actually expel you for choosing not to be a member on the other level as they are legally two separate entities governed by two completely different laws.

[Barra]

Originally Posted by Mike K.

Thanks, Barra.

So to confirm, Dean Fortin and pro-NDP candidates on council using this list to obtain your contact information is a violation of your privacy or would it just be an inappropriate but tolerable practice?

I believe that it is contrary to the Personal Information and Privacy Act, but there is a fine point about whether or not contact information is considered "private" under the Act. When a complaint is filed, the first step is to see if the parties can resolve it, before it goes to an Officer for resolution. I could see the arguments that would be raised on both sides, so I didn't pursue it. But I do believe that it is an unfair advantage for those candidates to have telephone numbers for supporters, because many party members (any party) when they know nothing about a candidate, will vote for those who are somehow aligned with them. When you have easy access to volunteers (party members) and phone banks, it is a definite advantage.

[Mike K.]

I just got off the phone with the Office of the Information and Privacy Commissioner and the Office feels that there is grounds to complain to Elections BC and the Office to ascertain on what grounds the individuals using this information/dispersing this information believe they have the right to do so.

The Office cannot give an answer over the phone whether or not this is legal as they need to investigate the actual case, but putting together Barra's experience and the suggestion that there is grounds for a complaint we can come to the conclusion that if an individual feels their privacy has been compromised by Mayor Fortin's campaign team that they have the right to make a formal complaint. In fact the Office "encourages" individuals who believe their privacy has been invaded to come forward and make formal complaints.

[sebberry]

I suspect that most people who get calls and letters via questionable, unethical and potentially illegal means don't even realize the connection between the call and the misuse of their information.

Bad Dean, bad!

[Mike K.]

It should be noted that a call to the provincial NDP's media office has not yet been returned.

[Mike K.]

Originally Posted by sebberry

I suspect that most people who get calls and letters via questionable, unethical and potentially illegal means don't even realize the connection between the call and the misuse of their information.

Bad Dean, bad!

I can see the assumption that Dean and fellow councillors could be operating under where anyone who supports the provincial or federal NDP must by default support pro-NDP mayoral and council candidates, but as clearly seen on this discussion forum that is not always the case. Many individuals who support provincial or federal NDP politicians want nothing to do with municipal politicians who align themselves with either NDP party either because of who they are as politicians and what they vote for or against in the council chamber.

[rjag]

Normally when you provide your contact information to a business or club or political machine they are obliged to have a Privacy Statement that indicate how they will protect your information and what they will do with it. I.E. there may be a clause where they say they will share it that you must opt out of etc.

My wife is a teacher and grudgingly belongs to BCTF....she hates that they send her info about who they endorse etc and how they 'suggest' it would be in her best interests to vote a particular way. She has never had anything direct from a politician as far as we know.....

I bet there will be an 'implied consent' clause or something in the membership rules.

[Bernard]

I am curious, what access do NDP members Phillipe Lucas and Ben Isitt get?

[Mike K.]

Ironically, access to the NDP's Privacy Policy on their website is forbidden when accessing the policy via the "Join" page.

[collywobbles]

This is what appears on the PDF version of the membership enrolment form available on the BC NDP's website (on the second page):

"In the NDP’s efforts to build and strenghten our party, we are expanding our direct mail program in order to recruit new members and donors. We will occasionally be exchanging our
mailing list with other carefully screened, like minded non-profits organizations. This helps us reach new supporters and raise much-needed funds. It is another way you can make an
important contribution to the NDP’s work on behalf of ordinary British Columbians. If you prefer to have your name removed from lists that are traded with other progressive organizations,
please check this box ."

Link to the document: http://www.bcndp.ca/files/u4/2007_membership_form.pdf

[Mike K.]

The checkbox applies to "non profit organizations," not municipal election campaigns.

[collywobbles]

Also, it appears a similar issue arose during the 2008 municipal elections. BC NDP president Jeff Fox admonished Vision Vancouver for using NDP membership information in a letter obtained by Sean Holman.

http://www.publiceyeonline.com/archives/003086.html

[Mike K.]

Wow, that's quite the find, collywobbles.

[Sparky]

collywobbles scores big time. Nice work. I would be interested in knowing if a similar list was made available to the Alto campaign.

[Bernard]

I will know they are accessing the lists if my son Ben gets contacted, though if they are smart they would see the last name and not call him.

[Barra]

Thanks, Colly!
I have been an NDP member for a long time, and who knows, maybe I did tick off this box at the time. I have now emailed them to ask them to stop sharing my contact info.

[Mike K.]

Even if you did tick off the box, it wouldn't apply to municipal election campaigns, unless you could find a way to consider an election campaign a non-profit organization.

[VicHockeyFan]

Originally Posted by collywobbles

Also, it appears a similar issue arose during the 2008 municipal elections. BC NDP president Jeff Fox admonished Vision Vancouver for using NDP membership information in a letter obtained by Sean Holman.

http://www.publiceyeonline.com/archives/003086.html

Yes, very good find. From the letter, I think it is very clear:

As you know the BC NDP has developed very specific policies with respect to list-sharing as outlined below:

Under no circumstances may constituency associations or federal riding associations provide member or supporter information directly to NDP members running for local office or to an organization that is not affiliated with the NDP. Members or constituency or riding associations providing such information directly would be in violation of party Policy and may unwittingly violate statutory provisions or regulations.

[Bob Fugger]

Has anyone moved this item forward so that it gets some widespread coverage, or are folks just content with playing reporter on here?

[Mike K.]

The BC NDP has not yet returned our calls for comment.

I would be very surprised if the TC picked up on this story considering the massive amounts of advertising revenues they receive from City Hall and the potential for advertising by Dean Fortin and pro-NDP candidate campaigns.

[http]

Originally Posted by Mike K.

Even if you did tick off the box, it wouldn't apply to municipal election campaigns, unless you could find a way to consider an election campaign a non-profit organization.

So you expect election campaigns are expecting to make money? And here I was thinking I was cynical about municipal politics.

[Mike K.]

So you expect election campaigns are expecting to make money?

Of course. They just happen to spend, oftentimes carelessly, all the money they generate on marketing campaigns before they go out of business.

[martini]

Originally Posted by Mike K.

I just got off the phone with the Office of the Information and Privacy Commissioner and the Office feels that there is grounds to complain to Elections BC and the Office to ascertain on what grounds the individuals using this information/dispersing this information believe they have the right to do so.

The Office cannot give an answer over the phone whether or not this is legal as they need to investigate the actual case, but putting together Barra's experience and the suggestion that there is grounds for a complaint we can come to the conclusion that if an individual feels their privacy has been compromised by Mayor Fortin's campaign team that they have the right to make a formal complaint. In fact the Office "encourages" individuals who believe their privacy has been invaded to come forward and make formal complaints.

Wow. Just wow. Nice work guys!
SMDH

[martini]

Originally Posted by Bob Fugger

Has anyone moved this item forward so that it gets some widespread coverage, or are folks just content with playing reporter on here?

Can this topic also be added to both VV's Twitter and Facebook so we can disseminate it?

ETA: Sorry I missed the Twitter one. Didn't see it on Facebook though?