As of 2018, any personal data processed by organisations and individuals is affected under the General Data Protection Regulation (GDPR). This refers to any personal data (which could include names, addresses, phone numbers, NI details, etc.). It was introduced to protect this information and hold companies and individuals accountable for how they handle other people’s personal information. It is on this subject which ICO letters are now being sent out on.

The GDPR of 2018 require businesses and individuals that deal with any personal information to register with the Information Commissioner’s Office (ICO) and pay a data protection fee. As a result, the ICO have recently sent letters directly to individuals that they suspect should be registered with them. Several of our clients received one of these letters, which has prompted us to update you on how to proceed.

ICO Letters Procedure

I received a letter from the ICO

• If you have received a letter from the ICO and are unsure on how to respond, the best solution is to phone their helpline at 0303 123 1113 and speak to one of their advisers.

I received an email from GA, but not a letter from ICO

• We have contacted our clients that we think are likely to receive a letter from the ICO to inform them of what to do, but not everyone has received a letter. If this is the case, it is unlikely that you will have to register, but it may be best to contact the helpline above to confirm whether or not you are exempt from registering.

I think I should register with the ICO

• Again, the best course of action is to contact the helpline. They will be able to confirm if you meet the criteria and if you have to register.

I think I should be exempt from registering with the ICO

• The criteria surrounding exemption are rather complicated, so contacting the ICO directly at the number above is crucial. They will be able to confirm or deny whether you are indeed exempt.

The following is an example of one of the letters:

The exemption criteria is very complicated and as such, we cannot confirm if you do/do not have to register. As mentioned, for all the above scenarios, the best course of action is to call the ICO directly. They will be able to offer you advice on whether or not you are subject to registering with them.

As always, if you have any questions about the content of this post, please feel free to contact us.

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