Information commissioner announces inquiry into parties’ use of personal information after Ukip’s refusal to cooperate

This article is more than 2 years old

This article is more than 2 years old

Ukip is to face a tribunal over its use of analytics during the EU referendum after refusing to cooperate with an investigation by the Information Commissioner’s Office.

The ICO announced a formal investigation into how political parties use data analytics to target voters in response to concern about how social media was used during the referendum.

“We are concerned about invisible processing – the ‘behind the scenes’ algorithms, analysis, data matching, profiling that involves people’s personal information. When the purpose for using these techniques is related to the democratic process, the case for a high standard of transparency is very strong,” said Elizabeth Denham, the information commissioner, in an update on the ICO’s website.



She said the ICO had issued four information notices, formally ordering organisations to disclose information, “including one to Ukip, who have now appealed our notice to the information rights tribunal

Denham said that more than 30 organisations, including AggregateIQ, a little-known Canadian firm that received millions of pounds from the leave campaign, were under scrutiny. While some were cooperating, she said, “others are making it difficult”.



“In some instances we have been unable to obtain the specific details of work that contributed to the Referendum campaign and I will be using every available legal tool and working with authorities overseas to seek answers on behalf of UK citizens,” the commissioner said in her statement.

It subsequently emerged that a Canadian-based commissioner’s office has also initiated an investigation into AggregateIQ.

The office of the information and privacy commissioner for British Columbia said it has initiated an investigation into AggregateIQ into whether it is compliant with privacy legislation in that jurisdiction.

“In this case, we are in discussions with the Information Commissioner’s Office in the UK and we may, as part of our investigation, request information from that office,” a spokeswoman told the Guardian.

The Electoral Commission is separately investigating whether Vote Leave, the lead campaign for the leave vote in the referendum, broke spending laws by coordinating spending with other campaign groups.

The investigation hinges on Vote Leave’s decision to make donations totalling £625,000 to Grimes, then a 23-year-old fashion student, in the final days of the referendum. Grimes spent the entirety of the money with AggregateIQ.

Separately to the money it donated to Grimes, Vote Leave spent £2.7m, around 40% of its total spending of £6.7m, with AggregateIQ. As the designated leave campaigning organisation, its spending was capped by law at £7m.

Grimes, as chair of a different campaign group called BeLeave, had a spending cap of £700,000 and spent £675,000 in total. The source of £625,000 of this money was Vote Leave.

It has also emerged that a millionaire hedge fund manager, Anthony Clake donated £50,000 to Darren Grimes - money that also went to AggregateIQ - having been advised to make the donation by the Brexit-backing campaign group Vote Leave.

Clake told the Guardian that he had intended to give the money to Vote Leave, as the official leave campaign, but was encouraged by the group not to do so because “they were close to their spending limits”.

There is no suggestion of wrongdoing by Clake.

A Ukip spokesman said the party was prepared to cooperate with the ICO and was only appealing against a threat of criminal sanctions. “We’re perfectly happy to deal with them, but not under the threat,” he said.