Feeds

Data protection fee to cost bigger orgs £500 a year

Don't pretend you can't afford it

The Power of One Infographic

Organisations with a turnover of £25.9 million or more and 250 or more staff will be required to pay the Information Commissioner's Office (ICO) an annual notification fee of £500 with effect from 1st October. The current fee is just £35.

Notification is a requirement for 'data controllers' under the Data Protection Act. Every organisation that processes personal information must notify the ICO, unless they are exempt. Failure to notify is a criminal offence.

The higher rate will also apply to public authorities with 250 or more staff. Charities, small occupational pension schemes, organisations with a turnover below £25.9m and those with a higher turnover but fewer than 250 staff will continue to pay £35.

It is the first time the notification fee has changed since 2000. According to an explanatory memorandum from the Ministry of Justice, the higher fee payable by so-called 'tier two' organisations "reflects the amount of resources invested by the IC in regulating large data controllers."

The cost of fulfilling the ICO's data protection regulatory and advisory responsibilities is £16 million per year, according to the Ministry of Justice memo. The ICO’s own research has indicated that less than 4 per cent of data controllers will meet the criteria for tier two.

"A tiered structure will increase ICO resources by approximately £4.7m per year," the memo suggests.

The notification process requires an organisation to explain its uses of personal information by completing a form. The details are stored in a register of data controllers that is available to the public for inspection. In practice, almost every organisation in the UK will process some personal data, though companies that only process personal data for payroll purposes are exempt.

The new levels were set by the Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009 which were laid before Parliament on Monday. The new fee structure will apply to notifications and renewals from 1st October.

Copyright © 2009, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

The Essential Guide to IT Transformation

More from The Register

next story
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.