The logic to follow is that to be in Tier 2 a data controller must meet all of the requirements in (a), (b) and (c). Therefore if it fails on any of them it will be in Tier 1. If it is a charity, then it does not meet the requirement in (a), therefore it is in Tier 1. You don't need to look at anything else, turnover or whatever.
Regards,
Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Dominic Newton
Sent: 08 July 2009 09:11
To: [log in to unmask]
Subject: Re: [data-protection] Data Protection notification fee increased
I'm not entirely clear from this what the Tier 2 threshold is - to be
excluded from Tier 2, does an organisation have to not meet all of the
requirements? For example, a large charity with a turnover in excess of
£25.9m could still be in Tier 1, or am I misreading it?
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