Tuesday 7 July 2009

Data protection: new tiered notification fees

For most of my clients I expect this is a non-event, but it is interesting nonetheless. Fees for notifying the information commissioner are now tiered. Tier 2 consists of organisations with a turnover of £25.9 million or more; or 250 or more members of staff. Charities and small occupational pension schemes escape tier 2 and come under tier 1, as do the rest of us.

The practical effect is that, as from 6th July 2009, tier 2 processors pay a notification fee of £500+VAT, while tier 1 processors continue to pay £35+VAT.

The thinking appears to be that bigger organisations require more regulatory supervision and so should pay more. I'm not sure that's right - surely it depends on the organisation? The reverse might well be true in some fields. As always the numbers (35, 250, 500, 25.9 million) presumably do have a rationale but its not clear to me. Maybe some manipulation of them gives the fine structure constant.

Law changed courtesy of the Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009.


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