I refer to the letter titled Data Protection Concern (Mary C. Cutajar, May 23).

The writer requested to receive information concerning the applicability of the data protection law in the process where the Electoral Office is obliged to supply party agents with any information pertaining to voters who, for a reason or another, abstained from going to the polls. In terms of the provisions of the General Elections Act, “party delegates shall, notwithstanding any other law, have full and free right of access to the Electoral Office, to all records kept therein, to be given copies thereof in written or electromagnetic format, and to check, verify and obtain any information regarding the work of the Electoral Office”.

Given this specific legal basis, the divulging by the Electoral Office to party agents of personal data of those who fail to vote is legitimised under article 9(c) of the Data Protection Act, which establishes that personal data may be processed if such “processing is necessary for compliance with a legal obligation to which the controller is subject”.