Tim is correct, the ICO used to get 'grant in aid' from central government equivalent to their fee income to fund their DP activities but they now just keep the cash and get nothing from central Government.
FOI activities are still funded by 'grant in aid'.
Lee
-----Original Message-----
From: Turner, Tim
Sent: Wed 01 August 2007 10:45
To: [log in to unmask]
Subject: Re: [data-protection] Voluntary Bodies
It doesn't cost them £35 to process a notification, because the Commissioner now keeps all of the Notification fees, and funds the Data Protection side of the business from the proceeds. The money used to be handed back to the Treasury, but instead they keep it. I think they get funding for FOI, but I might be wrong.
They got £10,167,000 from notification fees last year (see the Annual Report for more exciting figures like this).
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
Tel: 01942 488354 (ext 8354)
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: Wed 01 August 2007 10:10
To: [log in to unmask]
Subject: Re: [data-protection] Voluntary Bodies
Many small charities get this advice from the OIC. It is often wrong, in my opinion. And if you speak to a different advisor you won't necessarily get the same advice.
Could it be possible that it actually costs them more than £35 to process a register entry, and they are trying to discourage borderline registrations that they perceive as low risk?
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data for direct marketing purposes.
----- Original Message -----
From: "Gordon Wanless" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, August 01, 2007 8:20 AM
Subject: Re: Voluntary Bodies
I am involved with a charity that re-opened a closed council swimming pool and now runs it as a charitable company.
We collect information from supporters and users of the pool who make use of monthly passes etc.
I was worried about whether we should notify with the UKIC and when I checked with them, they said that we didn't have to, so we didn't!
I know it's only £35, but as a charity you don't want to spend anymore money than you have to.
Regards,
Gordon. 1/8/07
Gordon Wanless
Information Governance Manager
T: 0191 203 5484
F: 0191 244 6842
M: 07894 392 760
E: [log in to unmask]
W: www.nhsbsa.nhs.uk
>>> Iain Harrison <[log in to unmask]> 30/07/2007 11:45 >>>
I would add my support. I have dealt with several such bodies and when you actually look at what they do with personal data, notifying seems the safest course to take.
Iain
Iain Harrison
Information Governance Consultant
Leicester City Council
0116 252 7606
>>> Simon Howarth <[log in to unmask]> 30/07/2007 11:34 >>>
I agree with Tim. I think it would be very wise to voluntarily register, even if it is determined that the charity is exempt (I don't think it is though). I do a lot of work in the education sector (Government
departments)
and without going into reams of typing, I would recommend registration.
Regards,
Simon Howarth.
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 27 July 2007 17:08
To: [log in to unmask]
Subject: Re: [data-protection] Voluntary Bodies
Renzo,
Knowing that every penny is important for a charity, and that even £35 spent with the UKIC is money that can't be used for charitable purposes, I'd still suggest notification in order to reduce the whole slew of uncertainties that being exempt or not exempt creates.
Your thoughts on their being potentially exempt seem to gel with the wording you quote. However, what happens if a purpose varies even slightly and thus removes potential exemption?
Against notification is the fact that the UKIC takes several warning attempts before enforcing the offence of non registration, so it could be a worthwhile gamble, but is the hassle worth it?
Marchini, Renzo wrote:
I am helping a charity on a pro-bono basis in relation to a number of issues. Without giving too much away about the identity of the charity, they seek to help individuals get back into education and/or work.
They
are handling personal data (in fact, sensitive personal data) of the individuals they seek to help.
I am wondering whether they need to notify to the ICO or can rely on the exemption set out in Para 5 of the schedule to the Data Protection
Notification Regs 2000 (non profit-making organisations). The issue
I
have is whether the individuals which are assisted (on a perhaps one-off
basis) fall within the "exempt purpose" set out in para (b):
(b) is for the purposes of establishing or maintaining membership of or support for the body or association, or providing or administering activities for individuals who are either members of the body or association or have regular contact with it;
Assuming that my client "administers activities" for them whilst providing its assistance (which I think it does), is that individual which the charity is helping someone who has "regular contact" with them (they are not members)? My instinct is no, and the exemption does not therefore apply, but wonder if anyone has considered the meaning of that expression in this context.
Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
HYPERLINK "mailto:[log in to unmask]"[log in to unmask]
HYPERLINK "http://www.dechert.com/"www.dechert.com
This e-mail is from Dechert LLP, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, please delete the e-mail and any attachments, and notify the sender.
Dechert
LLP is a limited liability partnership registered in England & Wales (Registered No. OC306029) and is regulated by the Law Society of England & Wales. A list of names of the members of Dechert LLP (who are solicitors or registered foreign lawyers) is available for inspection at its registered office, 160 Queen Victoria Street, London EC4V 4QQ.
_____
All archives of messages are stored permanently and are available to the world wide web community at large at HYPERLINK "http://www.jiscmail.ac.uk/lists/data-protection.html"http://www.jiscmail.ac
.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to HYPERLINK
"mailto:[log in to unmask]&BODY=LEAVE%20data-protection"listserv@JISCMa
il.ac.uk
* Suspending emails from all JISCMail lists: send SET * NOMAIL to
HYPERLINK
"mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL"[log in to unmask]
k
* To receive emails from this list in text format: send SET
data-protection NOHTML to HYPERLINK
"mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML"listserv
@JISCMail.ac.uk
* To receive emails from this list in HTML format: send SET
data-protection HTML to HYPERLINK
"mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML"listserv@J
ISCMail.ac.uk
All user commands can be found at HYPERLINK "http://www.jiscmail.ac.uk/help/commandref.htm"http://www.jiscmail.ac.uk/hel
p/commandref.htm and are sent in the body of an otherwise blank email to HYPERLINK "mailto:[log in to unmask]"[log in to unmask]
Any queries about sending or receiving messages please send to the list owner HYPERLINK "mailto:[log in to unmask]"data-protection-request@JISCM
ail.ac.uk
(Please send all commands to HYPERLINK
"mailto:[log in to unmask]"[log in to unmask] not the list or the moderators, and all requests for technical help to HYPERLINK "mailto:[log in to unmask]"[log in to unmask], the general office
helpline)
_____
--
_____
Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: HYPERLINK
"http://complianceandprivacy.com"ComplianceAndPrivacy.com - where busy executives go to find the news first personal blog: HYPERLINK "http://timtrent.blogspot.com/"timtrent.blogspot.com/
petition:: HYPERLINK "http://petitions.pm.gov.uk/TallShip/"Let's
rebuild and
refloat the Cutty Sark
Important: This message is private and confidential. If you have received this message in error, please notify us and remove it from your system.
This
email and any attachment(s) are believed to be virus-free, but it is the responsibility of the recipient to make all the necessary virus checks.
This
email and any attachments to it are copyright of Meadowood Associates, owners of Compliance And Privacy, unless otherwise stated. Their copying, transmission, reproduction in whole or in part may only be undertaken with the express permission, in writing, of Meadowood Associates, at Meadowood House, 30 Redditch, Bracknell, Berkshire, RG12 0TT.
_____
All archives of messages are stored permanently and are available to the world wide web community at large at HYPERLINK "http://www.jiscmail.ac.uk/lists/data-protection.html"http://www.jiscmail.ac
.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to HYPERLINK
"mailto:[log in to unmask]&BODY=LEAVE%20data-protection"listserv@JISCMa
il.ac.uk
* Suspending emails from all JISCMail lists: send SET * NOMAIL to
HYPERLINK
"mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL"[log in to unmask]
k
* To receive emails from this list in text format: send SET
data-protection NOHTML to HYPERLINK
"mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML"listserv
@JISCMail.ac.uk
* To receive emails from this list in HTML format: send SET
data-protection HTML to HYPERLINK
"mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML"listserv@J
ISCMail.ac.uk
All user commands can be found at HYPERLINK "http://www.jiscmail.ac.uk/help/commandref.htm"http://www.jiscmail.ac.uk/hel
p/commandref.htm and are sent in the body of an otherwise blank email to HYPERLINK "mailto:[log in to unmask]"[log in to unmask]
Any queries about sending or receiving messages please send to the list owner HYPERLINK "mailto:[log in to unmask]"data-protection-request@JISCM
ail.ac.uk
(Please send all commands to HYPERLINK
"mailto:[log in to unmask]"[log in to unmask] not the list or the moderators, and all requests for technical help to HYPERLINK "mailto:[log in to unmask]"[log in to unmask], the general office
helpline)
_____
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.5.476 / Virus Database: 269.10.22/922 - Release Date:
27/07/2007
06:08
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.476 / Virus Database: 269.10.23/924 - Release Date:
28/07/2007
15:50
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
*** IMPORTANT NOTICE ***
*** NHSBSA DISCLAIMER ***
This e-mail and any attachments transmitted with it, including replies and forwarded copies subsequently transmitted (which may contain alterations), contains information which may be confidential and which may also be privileged.
The content of this e-mail is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s), or the person authorised as responsible for delivery to the intended recipient(s), please note that any form of distribution, copying or use of this e-mail or the information in it is strictly prohibited and may be unlawful.
If you have received this e-mail in error please notify the Help Desk at the NHS Business Services Authority, Prescription Pricing Division via e-mail to [log in to unmask] including a copy of this message. Please then delete this e-mail and destroy any copies of it.
Further, we make every effort to keep our network free from viruses.
However, you do need to validate this e-mail and any attachments to it for viruses, as we can take no responsibility for any computer virus that might be transferred by way of this e-mail.
This e-mail is from the NHS Business Services Authority whose principal office is at Bridge House, 152 Pilgrim Street, Newcastle-upon-Tyne, NE1 6SN.
Switchboard Telephone Number :- +44 (0)191 232 5371
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>Corporate Disclaimer<<
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
Proofpoint for the presence of computer viruses using F-Secure
anti-virus software.
www.proofpoint.com
www.f-secure.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|