It is the first time that the issue of commercial access to public registers has been examined by the courts.
In the case, Brian Robertson, from Wakefield in Yorkshire, brought proceedings against his local council after it refused to confirm that his name and address would not be supplied to commercial companies without his consent.
Robertson, therefore, declined to register this year and lost the right to vote in the general election. His lawyer argued that the supply of the data to businesses for non-electoral purposes, without the knowledge or consent of the individual, was a breach of the right to private life and privacy.
The judge, Maurice Kay, found that the government had breached the European Convention on Human Rights because the interference with Robertson's private life was disproportionate and unjustified.
The ruling could have a serious implications for direct marketing, which relies on electoral registers for use in creating direct marketing lists.
Jodie Sankster, legal affairs manager at the Direct Marketing Association, said, "The problem is that there is a misunderstanding on the part of the public on what you have to do to avoid direct marketing. Mr Robinson took his name off the electoral register, which is unlawful, to stop himself from receiving direct marketing. He should have signed himself to a mail preference list -- anyone who signs up for this will get their names taken off mailing lists."
Robert Meyers, communications director at direct marketing agency WWAV Rapp Collins, also defended the use of the electoral roll. "There are certain uses of electoral roll information that are in the public interest such as credit ratings. The reality is that without the use of the electoral roll, people wouldn't get credit because the risk would be too high for businesses. We have argued with the government that it should be used for referencing, so we can check that details are accurate," he said.
From next year, the government will introduce a new section on the electoral register form which will allow the public to opt out of providing information for commercial purposes.
The government is hoping to restrict access to the electoral register, arguing that individuals have the right to more privacy. It is thought that today's ruling will add weight to their argument.
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