Draft Data Protection (Charges and Information) Regulations 2018 published


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The draft Data Protection (Charges and Information) Regulations 2018 have been published, and it is intended that the final version will come into force on 25 May 2018 in line with the General Data Protection Regulation.

The draft regulations replace the Data Protection (Notification and Notification Fees) Regulations 2000 and:

  • Set out when data controllers will be required to provide information to the Information Commissioners Office (ICO) and pay a charge associated with the processing of personal data
  • Require the payment of an annual charge to the ICO unless all processing by the data controller is exempt
  • Specific information, including the name and address of the controller, must be provided to the ICO in order to determine the correct charge
  • Special provision must be made where there is more than one data controller in respect of personal data, e.g. in the case of a governing body and the head teacher of a school.

The ICO has published a guide to the draft regulations and how controllers can ascertain whether they are required to pay a fee. The ICO intends to publish an online exemption assessment tool before 25 May 2018.

This article is taken from HR Law March 2018.

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