ICO fee and dashcam
Discussion
Morning all,
I recently started my own business, registered with companies house as a LTD with me as the director and only employee. I offer mobile boat repair, so just me in my van with no premises and no other employees. I've had a letter this week from the ICO asking for a fee to be paid and to use their self checker to see if I need to. I answered all the questions honestly and it seems as I only process information for the normal running of the business I don't need to pay. The only slight worry is under the CCTV question, it says it includes dash cams so I would have to pay. I understand their arguement if I was issuing cams to a fleet of vehicles that would be recording my employees conversations, but if it's only me then any privacy concerns are moot. They only seem to differentiate a small business as under 10 employees, not that they may not be any employees other than the business owner. At the moment I havnt got a cam in the van, but have been meaning to get one, so that would mean I would have to pay. It's not the actual value of the 40 quid that I begrudge so much as the extra bit the gov is getting for seemingly no reason or return.
Has anyone filled in the exemption form and added that a dash cam is used in a van with only myself as the user?
If I have to pay I have to pay, just seems like yet another sneaky tax just to add me to a register.
Cheers
I recently started my own business, registered with companies house as a LTD with me as the director and only employee. I offer mobile boat repair, so just me in my van with no premises and no other employees. I've had a letter this week from the ICO asking for a fee to be paid and to use their self checker to see if I need to. I answered all the questions honestly and it seems as I only process information for the normal running of the business I don't need to pay. The only slight worry is under the CCTV question, it says it includes dash cams so I would have to pay. I understand their arguement if I was issuing cams to a fleet of vehicles that would be recording my employees conversations, but if it's only me then any privacy concerns are moot. They only seem to differentiate a small business as under 10 employees, not that they may not be any employees other than the business owner. At the moment I havnt got a cam in the van, but have been meaning to get one, so that would mean I would have to pay. It's not the actual value of the 40 quid that I begrudge so much as the extra bit the gov is getting for seemingly no reason or return.
Has anyone filled in the exemption form and added that a dash cam is used in a van with only myself as the user?
If I have to pay I have to pay, just seems like yet another sneaky tax just to add me to a register.
Cheers
Doofus said:
Actually, yes, you're a data controller regardless of the dashcam. So yes, you'll have to pay a fee. And protect the personal data you hold.
That is incorrect, there is data and there is data. It seems the OP actually read the guidance from the ICO and discovered, like most small businesses doing just normal things, he does not need to register.Ean218 said:
Doofus said:
Actually, yes, you're a data controller regardless of the dashcam. So yes, you'll have to pay a fee. And protect the personal data you hold.
That is incorrect, there is data and there is data. It seems the OP actually read the guidance from the ICO and discovered, like most small businesses doing just normal things, he does not need to register.Thanks for all your replies.
To clarify a few points,
The business is owned by myself as director, and I'm the only person who works for the business.
The van is owned by the business.
The only data that I have of customers is the basics, mostly just names, email address and telephone numbers, with only a couple of address as mostly I go to marinas and boat yards to do the work and invoices are sent out by email. Most pay via bank transfer with the occasional Sumup card machine payment.
As far as I can tell it's just the dash cam that is the hangup. I could go on without a dashcam, but will be tempting fate now that I've looked in to this, and would probably cost me more than the £40 if I had occasion that the dashcam would have helped.
To clarify a few points,
The business is owned by myself as director, and I'm the only person who works for the business.
The van is owned by the business.
The only data that I have of customers is the basics, mostly just names, email address and telephone numbers, with only a couple of address as mostly I go to marinas and boat yards to do the work and invoices are sent out by email. Most pay via bank transfer with the occasional Sumup card machine payment.
As far as I can tell it's just the dash cam that is the hangup. I could go on without a dashcam, but will be tempting fate now that I've looked in to this, and would probably cost me more than the £40 if I had occasion that the dashcam would have helped.
Ean218 said:
Doofus said:
Actually, yes, you're a data controller regardless of the dashcam. So yes, you'll have to pay a fee. And protect the personal data you hold.
That is incorrect, there is data and there is data. It seems the OP actually read the guidance from the ICO and discovered, like most small businesses doing just normal things, he does not need to register.Data protection law is all about protecting personal data. SMEs are likely to be handling items containing personal data or otherwise processing personal data, such as:
people’s names and addresses;
Along with:
If a document, file or image identifies a person, or could be used in combination with other information to identify them, then it’s personal data. This applies even if the information doesn’t include a person’s name.
The advice page on the website does read very much like your putting a dash cam in an employees company van or car, or in their own personal car when they use it for business purposes. I doesn't say anything about being the business owner and sole user.
After filling in the self assessment form it said I wouldn't need to pay, but in regards to keeping customers info and even stuff like social posts I think I should just cough up and pay it at least I know I'm safe. It does seem like similar scare tactics to TV licencing though, where all the onus is on the business to try and understand it all. Theres a few of this sort of thing that I'm coming across as a business owner, that seems like you need to be a trained business person to understand even though most of us are just mechanics, sparkies or plumbers.
Thank you all, and unless someone comes up with some genius suggestion I'll pay the dues.
After filling in the self assessment form it said I wouldn't need to pay, but in regards to keeping customers info and even stuff like social posts I think I should just cough up and pay it at least I know I'm safe. It does seem like similar scare tactics to TV licencing though, where all the onus is on the business to try and understand it all. Theres a few of this sort of thing that I'm coming across as a business owner, that seems like you need to be a trained business person to understand even though most of us are just mechanics, sparkies or plumbers.
Thank you all, and unless someone comes up with some genius suggestion I'll pay the dues.
2 sMoKiN bArReLs said:
I'm thinking most businesses will be caught by:
Data protection law is all about protecting personal data. SMEs are likely to be handling items containing personal data or otherwise processing personal data, such as:
people’s names and addresses;
Along with:
If a document, file or image identifies a person, or could be used in combination with other information to identify them, then it’s personal data. This applies even if the information doesn’t include a person’s name.
Absolute rubbish, that may well be private data but does not need registering or paying a fee. Below are the uses from the ICO website which are exempt from paying a fee. this covers most SMEs.Data protection law is all about protecting personal data. SMEs are likely to be handling items containing personal data or otherwise processing personal data, such as:
people’s names and addresses;
Along with:
If a document, file or image identifies a person, or could be used in combination with other information to identify them, then it’s personal data. This applies even if the information doesn’t include a person’s name.
ICO said:
Staff administration
This includes activities you need to do to manage the employment of your staff or volunteers, such as managing payroll, recruitment, or performance.
Accounts and records
This includes activities you need to do to maintain accounts or records for your organisation. For example, processing invoices or payment details of past or present customers or suppliers, which could include their names, addresses and credit card details.
This doesn’t include information processed or obtained by credit reference agencies.
Advertising, marketing or public relations
This includes activities to promote your own organisation, such as sending marketing emails or conducting social media activity. For example, this could involve using someone’s name, contact details, or other identifying information to tell them about your goods and services.
This doesn’t include marketing third party products and services. You must only be advertising or marketing your own products and services.
[\quote]
This includes activities you need to do to manage the employment of your staff or volunteers, such as managing payroll, recruitment, or performance.
Accounts and records
This includes activities you need to do to maintain accounts or records for your organisation. For example, processing invoices or payment details of past or present customers or suppliers, which could include their names, addresses and credit card details.
This doesn’t include information processed or obtained by credit reference agencies.
Advertising, marketing or public relations
This includes activities to promote your own organisation, such as sending marketing emails or conducting social media activity. For example, this could involve using someone’s name, contact details, or other identifying information to tell them about your goods and services.
This doesn’t include marketing third party products and services. You must only be advertising or marketing your own products and services.
[\quote]
Ean218 said:
2 sMoKiN bArReLs said:
I'm thinking most businesses will be caught by:
Data protection law is all about protecting personal data. SMEs are likely to be handling items containing personal data or otherwise processing personal data, such as:
people’s names and addresses;
Along with:
If a document, file or image identifies a person, or could be used in combination with other information to identify them, then it’s personal data. This applies even if the information doesn’t include a person’s name.
Absolute rubbish, that may well be private data but does not need registering or paying a fee. Below are the uses from the ICO website which are exempt from paying a fee. this covers most SMEs.Data protection law is all about protecting personal data. SMEs are likely to be handling items containing personal data or otherwise processing personal data, such as:
people’s names and addresses;
Along with:
If a document, file or image identifies a person, or could be used in combination with other information to identify them, then it’s personal data. This applies even if the information doesn’t include a person’s name.
ICO said:
Staff administration
This includes activities you need to do to manage the employment of your staff or volunteers, such as managing payroll, recruitment, or performance.
Accounts and records
This includes activities you need to do to maintain accounts or records for your organisation. For example, processing invoices or payment details of past or present customers or suppliers, which could include their names, addresses and credit card details.
This doesn’t include information processed or obtained by credit reference agencies.
Advertising, marketing or public relations
This includes activities to promote your own organisation, such as sending marketing emails or conducting social media activity. For example, this could involve using someone’s name, contact details, or other identifying information to tell them about your goods and services.
This doesn’t include marketing third party products and services. You must only be advertising or marketing your own products and services.
[\quote]
Well, there you go! This includes activities you need to do to manage the employment of your staff or volunteers, such as managing payroll, recruitment, or performance.
Accounts and records
This includes activities you need to do to maintain accounts or records for your organisation. For example, processing invoices or payment details of past or present customers or suppliers, which could include their names, addresses and credit card details.
This doesn’t include information processed or obtained by credit reference agencies.
Advertising, marketing or public relations
This includes activities to promote your own organisation, such as sending marketing emails or conducting social media activity. For example, this could involve using someone’s name, contact details, or other identifying information to tell them about your goods and services.
This doesn’t include marketing third party products and services. You must only be advertising or marketing your own products and services.
[\quote]
Jordie Barretts sock said:
If you've filled out the self assessment as I did this afternoon, and it says you're exempt, then take it. Don't over think.
Yes but this is PistonHeads, people will still argue that the rules are different even when the organisation setting the rules has told you what their rules are and even built an online tool to allow you to check their rules.Gassing Station | Business | Top of Page | What's New | My Stuff