THE DATA PROTECTION FEE: DO YOU OR YOUR COMPANY NEED TO PAY? THE INFORMATION COMMISSIONER’S OFFICE (ICO)
The ICO is the UK’s data protection regulator res- ponsible for overseeing the Data Protection Act (DPA) and the General Data Pro- tection Regulations (UKGDPR).
It is there to help companies, drivers and local authorities in the taxi and private hire industry to get data protection right.
You will find lots of information, advice, and guidance for your businesses on the SME web hub section of the ICO website:
https://bit.ly/3bZhebK which includes information about the use of CCTV, sharing, accessing and storing personal data, and marketing.
Though the ICO ultimately has the power to take enforcement action and issue penalty notices, most of its work with small organisations is focused on helping to get data protection right first time around. The ICO’s staff are there to help. Visit:
ico.org.uk/hub for data protection advice.
DO I NEED TO REGISTER?
Under current legislation, any business that has access to personal data, which may include CCTV images, may need to register and pay the fee unless exemptions apply. This fee funds the ICO’s work in upholding data protection laws and protecting people’s information rights. Registering with the ICO also makes good business sense, it shows customers that you value their data.
If you have CCTV in your operating premises; or have chosen to install cameras in your vehicles and have direct access to the data, then you will probably need to pay the fee. For most small businesses it is £40 or £60 per year.
WHAT IF MY COUNCIL HAS SAID I MUST HAVE CCTV?
If your licensing authority has mandated the installation of CCTV into your licensed vehicles, the ICO has regulated that in such cases the licensing authority becomes the data con- troller, since the drivers or vehicle owners do not have access to the data stored within their vehicles; so, you may not need to register for the purposes of your in-vehicle CCTV.
This does not mean that they own the system; it simply means they become legally responsible for how the data is stored and accessed and for what purpose.
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OPERATORS & DRIVERS: IF YOU HAVE RECEIVED A NOTICE FROM THE ICO - DO NOT IGNORE IT
It is reminding businesses or licensed vehicle owners and licensed drivers that it is your duty if you have CCTV installed, for example in your booking office or vehicle, to make use of the online self-assessment to check if you need to register and pay a fee as a “data controller.” Check this link:
https://bit.ly/3kE2u60
DO I NEED TO REGISTER MY DASHCAM?
To be clear, if in-vehicle CCTV is mandated by your council then the driver/vehicle owner DOES NOT need to register for this device; but you may still need to register if there is an additional dashcam in the vehicle.
• If you have a dashcam that has ANY capability of internal recording, even if the only thing being recorded is the audio, then YES, you must register with the ICO
• Failure to register carries a penalty of around £4,000 • If your dashcam is ONLY external view, with NO internal audio or images being recorded then you do NOT need to register.
DOES REGISTRATION MAKE IT LEGAL FOR A DASHCAM TO RECORD INTERNALLY?
Absolutely NOT. What it does do, is to make you the person or organisation legally responsible for any devices used, any data captured, and to make sure that all data and devices are ICO compliant.
WHAT ARE THE RULES?
• Any device used to record data must be secure and protected from theft
• Where there is audio it must be permanently disabled unless there is a physical (panic) switch to turn on the audio
• All data must be encrypted to make sure that any data stored may only be viewed by the data controller or an authorised person
• There must be a person or organisation registered with the ICO as data controller
WHAT ARE THE RISKS? - HEAVY FINES!
• Failure to register as a data controller is around - £4,000 • Release of data identifying the data subject - £2 million • Release of data which identifies the data subject AND could lead to harm, distress or risk - £10 million
DON’T DELAY - REGISTER TODAY MARCH 2021
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