French citizens that are living abroad can receive electronic messages of political prospections. In the majority of the cases, email addresses used by political parties or candidates comes from electros consular lists. This practice is legal.
Who can be subscribed into the electoral consular list and why?
A French citizen which is living abroad can be subscribed into the electoral consular list:
- if he/she is living in an electoral college abroad and ask for consumers requests
- of if he/she is already subscribed into the French residents out of French and meanwhile it has asked for his/her subscription in the electoral consular list.
It is not necessary being subscribed into the French registers who are living out of France for asking the subscription into the electros consular list.
Since the 1st January 219, electros consular lists are not carried out automatic ally by the consular register managed by the Foreign and European Affair Ministry but are extracted by the single electoral register kept by the National Institute of Statistics and Economic Studies (INSEE).
Since this date it is not possible subscribe French citizens abroad both in the electoral consular list that in another municipal electoral list. They shall elect in which of two list they want to subscribe. By default, it is provided the deletion of the municipal electoral list.
What is the “unique electoral register”?
The unique electoral register, created in 2016, renewed the mood of subscription into electoral list and include surnames, name, dates of birth and the place, domicile or the place of residence of each elector, as well as any other information defined into the Decree in the State Council necessary for the correct keeping of the directory.
The consular electoral list includes the following information:
- name and surname
- date and place of birth
- domicile and place of residence
- email addresses where provided
Which is the difference with the “consular register”?
the consular register lists French citizens that are living out of France. It is managed by the European and Foreign Affairs Ministry.
When you establish in foreign country, you can introduce yourself by the administration that represent France abroad (embassy or consulate). This administrative procedure consists in the subscription into the “consular register” in order, in particular, to be warned in case of disturb and being protected in case of threatens that can affect the national community.
The subscription into the consular register is easy thanks to the exploitation of many administrative formality (obtain IDs, procedures with custom authorities, etc.).
It is possibly asking for the subscription to the consular electors list meanwhile to the subscription to the consular register.
If I am subscribed into the electoral list of French citizens who are resident abroad, is it legal for me receive email by candidate to elections?
Yes, it is, if you have provided an email address which can appear into the consular list of electors at the time of the subscription.
Any electors, political parties or candidate, can obtain communications and copies of the electoral list and used them for political promotions, for example, for the application of the code, without that electors can oppose to the transmission. It is not possible, anyway, make a commercial use of consular electoral lists, neither use them for inner political purposes of the residence State of the elector.
The usage of data of the consular electoral list shall, anyway, be in compliance of the personal data legislation., in particular in data subject’s rights.
Is it mandatory provide a contact address at the time of the subscription into the unique electoral register?
no, it is not mandatory provide an email address for political communication purposes.
At the time of the subscription in consular electoral lists, the consulate permits French citizens who are resident abroad to provide two different email addresses:
- an email address for administrative exchanges;
- an email address which would appear in the consular list of electors and it will be communicable.
It is possible to provide an only address which is aimed to administrative exchanges.
The subscription to the consular register is optional. Anyway, it is recommended for French citizens that are living abroad because it permits to complete a lot of administrative formalities and prevent them in case of emergency or crisis.
Is it possible to reject the possibility to receive political prospects sent by the consular electoral list?
Is it is no possible to reject to the transmission of your email address in cases in which results into the consular electoral list, you can oppose to the usage by a candidate or a political parties when you receive a prospection message.
It is recommended that any electronical message offers a simple way to exercise your rights of personal data protection and freedom, and in particular your right to reject. This materializes, for example, with an unsubscribe link at the bottom of each email. The message must also mention the origin of the data (in this case, the consular electoral lists).
SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA FRANCIA – CNIL