i c o 22 January 2020 at 6:23PM edited 22 January 2020 at 6:25PM in Small biz MoneySaving 17 replies 3.7K views

J_B

Had a letter delivered to our accountants for our Ltd Co from i c o wanting me to subscribe.


Does anyone have any experience?
I'd never heard of them.

00ec25

J_B wrote: »

Had a letter delivered to our accountants for our Ltd Co from i c o wanting me to subscribe.


Does anyone have any experience?
I'd never heard of them.

How do you expect helpful comment with such vague info?
there are 318 million google results for "i c o"

one obvious one being: Information Commissioners Office - and for that you have no choice over subscribing

J_B

00ec25 wrote: »

How do you expect helpful comment with such vague info?
there are 318 million google results for "i c o"

Sorry, that was what it says at the top of the letter, but ....

00ec25 wrote: »

one obvious one being: Information Commissioners Office - and for that you have no choice over subscribing

Yes, you are correct about 'subscribing'.
I have filled in the questionnaire and concluded that I don't need to pay, but it would be interesting to hear other's experience, as the questions weren't really that easy to comprehend

00ec25

J_B wrote: »

Sorry, that was what it says at the top of the letter, but ....


Yes, you are correct about 'subscribing'.
I have filled in the questionnaire and concluded that I don't need to pay, but it would be interesting to hear other's experience, as the questions weren't really that easy to comprehend

fine, either you hold the names and addresses of customers stored in a registerable format, or you don't !

the Info Commissioners rules really are not that difficult to comprehend.

J_B

00ec25 wrote: »

fine, either you hold the names and addresses of customers stored in a registerable format, or you don't !

Sorry, but, what's a "registerable format"


We do holiday rentals - the agent sends us the names and addresses of each client by email.

cedrag

J_B wrote: »

Sorry, but, what's a "registerable format"


We do holiday rentals - the agent sends us the names and addresses of each client by email.

https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

I would have thought this was the result applicable to you, based on what you have posted here.
https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/y/N/Y/Yes/Yes/No/No/Prop

But I'm sure you know your business better than I

J_B

cedrag wrote: »

I would have thought this was the result applicable to you, based on what you have posted here.
https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/y/N/Y/Yes/Yes/No/No/Prop

Thanks
I already answered Yes to Q5 which then concluded 'no fee


Thoughts?

martindow

J_B wrote: »

Thanks
I already answered Yes to Q5 which then concluded 'no fee


Thoughts?

5. Do you only process information for one of the following purposes?

• Judicial functions;
• elected representative functions
• personal, family or household affairs not connected to commercial or professional activities (including CCTV to monitor your domestic property, even if you are capturing images outside the boundaries of your property); or
• to maintain a public register (ie you are required by law to make the information publicly available).

• Yes
• No

You are processing data for commercial activities so that answer here should be no as cedrag says.

How long have you been in business? You presumably should have registered previously and owe fees for past years.

I'm sure you are best to volunteer this fact rather than risk being found out. Possibly it would be good to let an accountant approach the ICO to sort this out.

00ec25

J_B wrote: »

Sorry, but, what's a "registerable format"


We do holiday rentals - the agent sends us the names and addresses of each client by email.

so you are processing/holding personal data of your customers


what do you do with that data after the customer has left the property?

J_B

00ec25 wrote: »

so you are processing/holding personal data of your customers

I'm not sure if we 'process' the data
We receive it from the agent and use it if we need to contact the guests with reference to their stay

00ec25 wrote: »

what do you do with that data after the customer has left the property?

Nothing the printout is in a file somewhere in case we need to use it.
The email is in the deleted items folder

martindow wrote: »

You are processing data for commercial activities so that answer here should be no as cedrag says.
I don't fully understand what is meant by 'processing' the data, sorry


How long have you been in business? You presumably should have registered previously and owe fees for past years.

Third year of trading with this Ltd Co


I'm sure you are best to volunteer this fact rather than risk being found out.

Certainly

Possibly it would be good to let an accountant approach the ICO to sort this out.
When I went to the accountant on two days ago, he gave me a letter from i c o - we have never heard of them before. I know ignorance is no excuse!

00ec25

J_B wrote: »

I'm not sure if we 'process' the data
We receive it from the agent and use it if we need to contact the guests with reference to their stay

Nothing the printout is in a file somewhere in case we need to use it.
The email is in the deleted items folder

I thought you said you'd done the self assessment questionnaire? P processing is explained in it:

‘Processing’ means doing any of the following with the information:

• obtaining it;
• recording it;
• storing it;
• updating it; and
• sharing it.

‘Personal information’ means any detail about a living individual that can be used on its own, or with other data, to identify them.

Q1: No
Q2: yes
Q3: No

it appears, based on your comments above, you do NOT store the name and address (ie the personal data) in an electronic system (computer!!!). Instead it appears you store as hardcopy printouts, consequently as there is no electronic processing, you are not required to register as a data user.

Woe betide you if you do not delete your deleted items folder on a very regular basis as then you would be guilty of a data breach if, for example, your computer was hacked and that data was accessed.

The days are long gone when anyone can simply keep peoples names and address ad infinitum.
Do you use your "file" to send letters to people who have not yet booked? ie if you use personal data for marketing purposes you had better tread carefully

my advice to you is to call the ICO and talk through your process with them. They are in the business of making sure people are not cavalier with other's personal data. They are not in the business of collecting fees from people who do not need to pay them and they will advise you accordingly

How you have managed to be in business yet miss the rules over personal data handling is frankly amazing