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Registration

Registration is referred to as 'Notification'

 

 

What is Notification?

Why do I need to notify?

Do I need to notify?

Possible exemptions

Do I need to renew my notification?

How do I renew my register entry?

What do I do if my Notification has expired?

Manual records and notification

How to Notify

The changes introduced by notification

Notification Fee

What is Notification?

The Information Commissioner maintains a public register of data controllers. Each register entry includes the name and address of the data controller and a general description of the processing of personal data by a data controller. Individuals can consult the register to find out what processing of personal data is being carried out by a particular data controller. Notification is the process by which a data controller's details are added to the register. The Data Protection Act 1998 requires every data controller who is processing personal data to notify unless they are exempt. 

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Why do I need to notify?

The Data Protection Act 1998 requires every data controller who is processing personal data to notify unless they are exempt.

Failure to notify is a criminal offence.


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Do I need to notify?

 

 

bulletEvery data controller who is processing personal information must notify unless they are exempt.

 
bulletA data controller is a person who determines the purposes for which and the manner in which any personal information are, or are to be processed.
 

 

bulletPersonal information means data which relates to a living individual who can be identified from those data or from those data and other information which is in the possession of the data controller.  To check if you are exempt, answer the questions in the guide.


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Exemptions are possible for: 

bulletSome not for profit organisations
 
bulletProcessing of personal data for personal, family or household affairs (including recreational purposes).
 
bulletData controllers who only process personal data for the maintenance of a public register.
 
bulletData controllers who only process personal data for any one or all of the following purposes for their own business.
 
bulletstaff administration
bulletadvertising, marketing and public relations
bulletaccounts and records

If you think you may be exempt please see Do I need to notify? 


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Do I need to renew my notification?

Yes. the notification period is one year. The renewal fee is £35. Any change to this fee will be advised to you when you start the process of renewal. The  Information Commissioner will write to you before the expiry date of your register entry.


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How do I renew my register entry?

The notification period is one year from the day the Information Commissioner received your correctly completed notification form. Your entry will then expire unless it is renewed. Prior to the expiry date the Information Commissioner will write to you and explain the procedure for continuing your register entry.


The fee for renewing an entry is £35. Any change to this fee will be advised to you when you start the process of renewal. If you pay by direct debit you will not need to take any action to renew your entry in subsequent years. If you have previously paid the fee by some other method a direct debit form will be enclosed with the renewal reminder letter.

At renewal time you will be asked. whether there have been any changes to the data controller name and address details of the contact details.

A letter will be sent to you to confirm that your entry has been renewed together with information about your new expiry date.

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What do I do if my Notification has expired?


It is very important that Information Commissioner receives payment of the renewal fee prior to the expiry of the entry. It is not possible to renew an entry which has expired. In these circumstances the data controller must make a new application for notification.


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Completing the Notification form on the Internet

It is possible to complete the notification form using the Internet. However, after completing the form on-line it must be printed and sent to us by post with the notification fee or direct debit instruction. Currently it is not possible to send the form to The Information Commissioner's Website electronically. You will be deemed notified on the day the  Information Commissioner receives your correctly completed forms and fee.

Completing the notification form on-line is a step-by-step process. You are asked to answer certain questions and provide information before continuing onto the next question. At the end of the form you can print it off and send it to us.

The first questions on the form are about the data controller who is notifying, for example their name, address and contact details.

The next stage of the online process involves choosing an appropriate nature of business template. Each notification must include a general description of the processing of personal data being carried out. On the register this description is structured by reference to purposes. You will find a selection of templates which describe the processing which is likely to be being carried out by a range of different businesses. After selecting the template appropriate to your business you need to check that it accurately describes the processing which is being carried out. You may amend the template or add additional purposes to it. If you cannot find a relevant template, either call the notification help line or select the nearest template suitable to your needs and amend it accordingly.

The following stage of the on line process involves providing additional information for example, the security statement and statement of exempt processing. Some of this information is mandatory, so failure to return this part of the form renders your Notification invalid and it will be returned to you.

The final stage is to print the form, sign the declaration and return it to the address provided on the Information Commissioner's Website with the notification fee or completed direct debit instruction. If after printing the form you find that you have forgotten to include something, then you can write in ink directly onto the form and they will include it in your notification.

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Manual records and notification

There is no requirement to notify manual records which come within the scope of the Data Protection Act 1998.

However, you can choose to notify them voluntarily. Further information about manual records can be found in the  Information Commissioner's publication "The Data Protection Act 1998 An Introduction".
 
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How to Notify

There are 3 easy ways to notify:

bulletBy Internet

You can complete the online notification form Information Commissioner's Website, print it and post in the form.
 
bulletBy Telephone

You can telephone the notification help line (01625 545 740) and a draft notification form will be sent to you based on the information you will be asked to provide on the telephone.
 
bulletBy completing the Request on the  Information Commissioner's Website


The changes introduced by notification

Notification replaces the registration system established by the 1984 Data Protection Act.

Below is a summary of the main differences:
 

bullet
Broadly speaking data users become data controllers.
bullet
Broadly speaking computer bureaux become data processors and do not need to notify.
bullet
Register entries will still contain a description of the processing of personal data. However, this description is in very general terms. The detailed coding system no longer exists.
bullet
 You do not need to describe sources of personal data in your entry.
bullet
Registration of disclosures are replaced by notification of recipients.
bullet
You need to describe transfers of personal data outside the EEA only.
bullet
You have to provide a statement about your security measures.
bullet
You do not have to provide an address for the receipt of subject access requests.
bullet
The 1998 Act provides some exemptions from notification but you can choose to notify voluntarily.
bullet
The notification period is one year.
bullet
A data controller can only have one register entry.
bullet
Headteachers and Governing Bodies of schools may notify in the name of the school
 

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Notification Fee

Every notification must be accompanied by a fee of £35.00 (VAT nil)

The period of notification is one year. The  Information Commissioner do not send invoices but will acknowledge receipt of payment. After this time a continuation fee of £35.00 must be paid.

It is possible to pay by direct debit, cheque or BACS
 

bullet
By Direct Debit
Complete a direct debit form as part of the notification process.

 
bullet
By Cheque
Please make the cheque payable to the Information Commissioner and crossed A/c Payee only. Please write your reference number on the back of your cheque.

 
bullet
By BACS
Please ensure that you provide your reference number when submitting your BACS payment.
 

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Last modified: 11/24/07