i c o

edited 22 January 2020 at 6:25PM in Small Biz MoneySaving
17 replies 2.6K views
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  • J_BJ_B Forumite
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    Sorry, it's bed time but briefly ....


    00ec25 wrote: »
    my advice to you is to call the ICO and talk through your process with them.
    I decided to do that earlier, but sadly it was after 5pm! :(




    00ec25 wrote: »
    How you have managed to be in business yet miss the rules over personal data handling is frankly amazing


    Hmm - feel free to be amazed then.
    Our agent (STS Holidays) has hundreds of properties they advertise.
    We've been with them for 6 years in a previous business and for 3 years with this one.
    Nobody has ever mentioned this ... ever .... till this week when the accountant showed me a letter they had received on our behalf dated 15/1/2020

    Yes, I know ignorance is no excuse! :o
  • martindowmartindow Forumite
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    00ec25 wrote: »

    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.
    I'm not sure that is right. The ICO talks of a filing system which the OP seems to have, albeit on paper.


    This article discusses paper records:
    https://www.bclplaw.com/en-GB/thought-leadership/gdpr-s-most-frequently-asked-questions-does-the-gdpr-apply-to-1.html
  • SeagullySeagully Forumite
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    The ICO are on a 'recruitment drive' at the moment, proactively chasing those they believe need to pay their fees.



    Paper records do count as processing if they are in a filing system. In other words, if you can find a paper record about a given customer, you're processing under GDPR.
  • J_BJ_B Forumite
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    Seagully wrote: »
    The ICO are on a 'recruitment drive' at the moment, proactively chasing those they believe need to pay their fees.


    I've been to the accountant today to sign off the accounts.
    I mentioned ICO to him and he showed me about 20 similar letters that he had in his office to give to other clients that use him as a 'registered address'.
    Ignorance is bliss eh!!
    I spoke to our letting agent who promised 'to look into it and get back to me'
  • J_BJ_B Forumite
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    In case anyone's interested ....


    00ec25 wrote: »
    my advice to you is to call the ICO and talk through your process with them.
    I emailed them and had a reply today ...



    29 January 2020

    Our reference: xxxxxxxxxxxxxx

    Dear Mr B

    Thank you for your email received 24 January 2020.

    Article 4(2) of the General Data Protection Regulation (GDPR) defines "processing" as "any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction".

    In practice, holding personal data is considered processing personal data. Contacting your clients to inform them of their stay will involve processing personal data. If you intend to send marketing to your clients, you would need to consider the provisions of the Privacy and Electronic Communications Regulations 2003 (PECR). This piece of legislation covers the rules on email and telephone marketing.

    If you have not already done so, you may need to consider registering with the ICO. You may wish to use our registration self-assessment tool.

    I hope this information is helpful to you. If you would like to discuss this further, please contact me on my direct number xxxxxxxxx. If you need advice on a new issue you can contact us via our Helpline on 0303 123 1113 or through our live chat service. In addition, more information about the Information Commissioner’s Office and the legislation we oversee is available on our website ico.org.uk.

    Yours sincerely

    xxxxxxxxx
    Case Officer
    Information Commissioner's Office
  • ComicGeekComicGeek Forumite
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    So you've registered with the ICO now then?

    Do you provide your own T&Cs to the guests, or is that handled by your agent, as those would need to confirm how you are complying with GDPR?

    Do you have your own website, as that will need to contain details of how you are complying with GDPR?

    If the responses to the above is yes, then don't wait for the letting agent - it's your responsibility to do it. Even if the letting agent handles T&Cs and website, you still need to register and have a GDPR policy.
  • J_BJ_B Forumite
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    ComicGeek wrote: »
    So you've registered with the ICO now then?
    Yes

    Do you provide your own T&Cs to the guests, or is that handled by your agent, as those would need to confirm how you are complying with GDPR?
    Agent's T&C's

    Do you have your own website, as that will need to contain details of how you are complying with GDPR?
    I have my own basic website and also FB page, but they don't bring in any bookings.


    If the responses to the above is yes, then don't wait for the letting agent - it's your responsibility to do it. Even if the letting agent handles T&Cs and website, you still need to register and have a GDPR policy.


    It's a whole can of worms really, how far do we take it....

    Mrs B 'works from home' part time, she has about 20 (?) clients which she has their name and phone number - should she register separately?

    We rent out my late mum's house and we know the tenants address (obviously!) and their phone numbers and email address - another separate entity, so, register again?

    I work part time (self employed) at a local market - I have all of the bosses phone numbers as well as my workmates - register again?

    etc etc .....
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