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ICO Data Protection Fee Letters

ICO Data Protection Fee Letters

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Lots of clients are getting the ICO Data Protection Fee letters which is fair enough, but client's are asking me if they need to pay........

I'm pointing them in the direction of the the ico.org.uk/fee-checker but they still seem to want my opinion (seem to be first port of call for absoultely anything these days!).

Several companies are consultants (non IR35)/freelancers and my thoughts are that almost all should be registered. 

The letters are worded very much to encourage £40 payment rather than risk a £4k fine so this seems to be a revenue raising exercise through fear of fines.

Are other's providing further guidence to clients on this?

 

 

 

 

 

Replies (15)

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By Accountant A
24th Feb 2020 11:41

I'd PM you some interesting stuff but you have chosen to post anonymously.

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Replying to Accountant A:
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By CWservices6064
24th Feb 2020 11:45

My mistake. I think you can see me know.

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By Wanderer
24th Feb 2020 12:13

Personally I don't agree that it is 'fair enough'. The latest letters are written differently but the January ones sent to property companies were akin to those scam confirmations and invoices that businesses get from European directory companies.

What I think is outrageous is that on this page:-
https://ico.org.uk/for-organisations/data-protection-fee/exemptions/exem...
there are required fields to give name, telephone number and email address.
Surely this data is unnecessary and somebody should complain to the official body responsible that the ICO is collecting unnecessary data!

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Replying to Wanderer:
Hallerud at Easter
By DJKL
24th Feb 2020 12:30

Correct, we received a fair few and I had to do a bit of digging to be happy they were legitimate and I needed to comply- interesting point, not all prop companies need to register, we have a development beast which, after talking through what it did and did not do with them, dodged the bullet.

When are they hitting all the BTL/Airbnb landlords- this is like CIS, not a level playing field?

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By Accountant A
24th Feb 2020 12:40

What a complete scam and, surprise surprise, MPs exempt notwithstanding the huge amount of personal data that they will be handling.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-t...

"Generally speaking, you have to pay a fee if you are processing personal data as a controller. But there are some exemptions. You don’t need to pay a fee if you are processing personal data only for one (or more) of the following purposes:

Staff administration
Advertising, marketing and public relations
Accounts and records
Not -for -profit purposes
Personal, family or household affairs
Maintaining a public register
Judicial functions
Processing personal information without an automated system such as a computer.
Since 1 April 2019, members of the House of Lords, elected representatives and prospective representatives are also exempt.

By working through our self-assessment, you will be able to tell whether you need to pay the data protection fee. But even if you are exempt from paying a fee, you still need to comply with your other data protection obligations."

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Replying to Accountant A:
Hallerud at Easter
By DJKL
24th Feb 2020 13:25

So, get all your BTL clients to sign up now.

The only reason we required to register is we carry information re tenants in leases/correspondence/spreadsheets etc, if I understand correctly it is not the scale of activity but the actual activity, however small, so it seems to me if you own just one let flat you hold data and therefore need to consider getting registered.

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Replying to DJKL:
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By Accountant A
24th Feb 2020 13:51

Quote:

So, get all your BTL clients to sign up now.

The only reason we required to register is we carry information re tenants in leases/correspondence/spreadsheets etc, if I understand correctly it is not the scale of activity but the actual activity, however small, so it seems to me if you own just one let flat you hold data and therefore need to consider getting registered.

So is holding a name only (and address obv) in electronic form sufficient? If the lease, etc., is in paper form ....

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Replying to Accountant A:
Hallerud at Easter
By DJKL
24th Feb 2020 14:53

Electronic form is not strictly required, technically organised paper records can be data.

"It only includes paper records if you plan to put them on a computer (or other digital device) or file them in an organised way. If you are a public authority, all paper records are technically included – but you will be exempt from most of the usual data protection rules for unfilled papers and notes."

https://ico.org.uk/for-organisations/guide-to-data-protection/introducti...

I am using this as my excuse why my office is such a mess, awash with paper everywhere, I am trying to ensure the records therein do not fall within the legislation.

M first stage sorting- large box under desk, throw non pressing stuff in (did not make shredder), if after a year nothing has arisen re any of it, shred it; saves doing work when it was not essential.

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JCACE
By jcace
24th Feb 2020 13:26

Quote:

Several companies are consultants (non IR35)/freelancers and my thoughts are that almost all should be registered. 


I would have thought that the majority of these would fall under one of the exemptions.
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Replying to jcace:
Hallerud at Easter
By DJKL
24th Feb 2020 13:28

Remember the "Only", it is easy to slip data into one of the heads, it is trickier to say you hold it only for these heads.

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Routemaster image
By tom123
24th Feb 2020 13:32

One of the main bugbears for me is that:

[email protected]

counts as personal information!

However, most of our stuff is under the contractual requirement / legal obligation type - so we just pay the lower fee.

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By dejaneiro2005
24th Feb 2020 13:37

Surely the 'accounts and records' exemption will apply to many businesses, including landlords, who may only be storing the name and address of a tenant in order to maintain accounts and records.

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Replying to dejaneiro2005:
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By Accountant A
24th Feb 2020 13:55

Quote:

Surely the 'accounts and records' exemption will apply to many businesses, including landlords, who may only be storing the name and address of a tenant in order to maintain accounts and records.

Like most scams they presumably rely on honest people erring on the side of caution, with impenetrable obligations, and just paying up. How much does the head of the ICO earn, I wonder?

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Replying to Accountant A:
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By Wanderer
24th Feb 2020 14:00

Quote:

How much does the head of the ICO earn, I wonder?


https://www.telegraph.co.uk/news/2018/04/01/ministers-push-29-per-cent-p...
Quote:
The Government has quietly approved the extraordinary salary increase for Elizabeth Denham, which takes her pay to £180,000 - an increase of more than ten times inflation.
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Replying to Wanderer:
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By Accountant A
24th Feb 2020 14:14

Quote:

"https://www.telegraph.co.uk/news/2018/04/01/ministers-push-29-per-cent-p..." rel="nofollow">https://www.telegraph.co.uk/news/2018/04/01/ministers-push-29-per-cent-p...
Quote: The Government has quietly approved the extraordinary salary increase for Elizabeth Denham, which takes her pay to £180,000 - an increase of more than ten times inflation.

There you go. That's why they need to bleed lots of £40s from unsuspecting small businesses.

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