ICO letter
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Discussion

sider

Original Poster:

2,061 posts

251 months

Sunday 9th February 2020
quotequote all
Hi,

Had a letter of the ICO suggesting I might owe them either £40 or £60 to register with them as they presume I deal with data.

Initially, I assumed it was a scam but I've looked into it and others have received it and it appears legit, but written in a plain English rather than legal eagle way.

One obvious concern was that it was posted to my former registered company office on 24/01/20 when I actually formally moved us on 31/12/19 - so maybe they've held my data for a while!!

Also, I've had the company since September 2014 and never been approached about this - albeit i'm aware GDPR only came into play in 2018.

I did an online check as to whether i'm eligible to this registration fee and only got two questions:

1. Do I use CCTV? Personally, on my own house, yes. But the company isn't registered from there, I don't work from there, and its there purely to protect my family, property and vehicles.

2. Do I store on a computer, process, deal in, etc etc data? I ticked no to this too. However, i'm unsure as to whether I do or not.

I run a small business. It's basically myself and my wife and the occasional sub-contractor/consultant. So, we have no staff as such to manage. We're a ltd company and both my wife and I are Directors.

We have around 12 regular clients. 2 of those clients are worth about 20% of our monthly turnover per business, and the other 10 clients make up the remaining 60%. I generally deal with 1-2 people at the smaller firms, and 2-4 at the larger two. That's it.

We don't physically have a list of clients anywhere. However, I do have contact numbers for all of them in my phone. I use MS Outlook to send email which stores their email address once an email has gone to them, and at the back end, Sage deals with invoicing and once I put in their details, they're held there.

As such, does my business hold data??

I'm not sure if the splitting hair bit is as to whether it's stored on a computer or on paper, or online - but all of the MS software we run is via an Office 365 account so all sits on a MS cloud somewhere. The specialist software we use is very much standalone as doesn't 'contact' people as such.

I know it's only £40-60, but £40 is £40. I've got the local U8s football team asking me to sponsor a player for that - i'd rather give £40 to them that to the gov for something that I don't really need.

All for keeping things legal and in order - but all looks a bit woolly to me!

Any help appreciated.

Simpo Two

92,916 posts

295 months

Sunday 9th February 2020
quotequote all
sider said:
Had a letter of the ICO suggesting I might owe them either £40 or £60 to register with them as they presume I deal with data....

One obvious concern was that it was posted to my former registered company office on 24/01/20 when I actually formally moved us on 31/12/19 - so maybe they've held my data for a while!!
Well that gives me an idea... suggest to them that they might owe you either £40 or £60 to register with you as you presume they deal with your data...!

Australiam

277 posts

159 months

Monday 10th February 2020
quotequote all

Yes - it is all legit, the ICO have only recently started contacting companies to highlight their obligations. There is a self check questionnaire on their website that determines eligibility. If you meet their exemption criteria you need to tell them as such (and the reason for your exemption).


As for CCTV - if it is no way connected to your business, then it is not covered under GDPR. As for the keeping of records on your computer, it looks to me from your description like you would be exempt - but you will need to read up and satisfy yourself.

There was a similar thread a couple of weeks ago, with links, so it may be worth a quick read.


Stay in Bed Instead

22,362 posts

187 months

Monday 10th February 2020
quotequote all
Do you really not have a computer?

What do you run Sage on?

Sheepshanks

41,196 posts

149 months

Monday 10th February 2020
quotequote all
There's a bunch of exemptions, but I think they want you to tell them why you're exempt.

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

"Exemptions:
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."

Ean218

2,044 posts

280 months

Monday 10th February 2020
quotequote all
Even if you kept the data on a computer you would, like most small businesses in the UK, be exempt from registering.

The ICO don't want you to know that though...

sider

Original Poster:

2,061 posts

251 months

Sunday 23rd February 2020
quotequote all
Stay in Bed Instead said:
Do you really not have a computer?

What do you run Sage on?
I really DO have a computer, yes.

However, the Sage that I use is Cloud-based so I access it via a Web-browser and an App on phone.

sider

Original Poster:

2,061 posts

251 months

Sunday 23rd February 2020
quotequote all
Sheepshanks said:
There's a bunch of exemptions, but I think they want you to tell them why you're exempt.

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

"Exemptions:
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."
This would probably exemptify (is that a word?!) a lot of companies surely?


Simpo Two

92,916 posts

295 months

Sunday 23rd February 2020
quotequote all
sider said:
This would probably exemptify (is that a word?!) a lot of companies surely?
'Exempt' is all you need.

With all this ste going on it's hardly surprising UK productivity is at an all-time low, as businessmen spend their time dealing with ste rather than running their businesses and making money.

Eric Mc

125,754 posts

295 months

Sunday 23rd February 2020
quotequote all
Never a truer word etc etc...