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ICO TRANSPORT AND


You may recall, we published a notice issued from the ICO in February this year regarding registering as a data controller, the importance of doing so, and the penalties for failing to register if indeed you needed to.


WHY YOU MAY NEED TO REGISTER


You may need to register if you are holding or processing personal information electronically (including using CCTV for crime prevention reasons). Please note, CCTV must be specified in its own category when registering.


Personal data may include customers’ names, addresses, phone numbers, dates they are away from home, and various other types of information you record about them.


WHY YOU MAY BE EXEMPT


If your local authority has made the installation of CCTV mandatory in your vehicles, the local authority then becomes the data controller for the purpose of CCTV recordings, so you do not need to register for this purpose, but you may still need to register if you are holding other “personally identifiable information.”


WHAT ARE THE RISKS?


Failing to register as data controller if you are legally required to do so runs the risk of a penalty of up to £4,000. You can check if you need to register by using the ICO’s self-assessment tool: Registration self-assessment | ICO https://ico.org.uk/for-organisations/data-protection- fee/self-assessment/


IF I REGISTER, CAN I RECORD DATA ON A DASHCAM?


Registering as data controller makes you, or the organisa- tion legally responsible for the way in which data is stored, including making sure the device is UKGDPR compliant. It does NOT automatically make your device legal to use, in much the same way as simply having a DVSA driving licence does not make it legal for you to fly an aeroplane.


REMEMBER*** YOU ARE NOT REGISTERING THE PRODUCT; YOU ARE REGISTERING YOURSELF!


You’re correct that using a dashcam, even for external recording without audio will require you to register. How- ever, registering alone doesn’t make you compliant with data protection law. You will still need to make sure the


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devices used, and that your processing meets other requirements of the legislation, including the lawful, fairness and transparency principles. The ICO website has more guidance on this.


UPDATE FROM THE INFORMATION COMMISSIONERS OFFICE (ICO)


In early 2021 we contacted taxi and private hire companies to alert them of their legal responsibility to register with the ICO and pay the data protection fee.


A lot of taxi and PH companies did contact us to register or let us know they are exempt. We are currently recontacting those who did not respond to remind them that action is required. Please note that those who should be registered but fail to do so could be issued with a penalty notice.


We are now sending reminders to those who have not yet responded, registered, or demonstrated exemptions, a copy of the letter that will be arriving shortly is opposite.


In response to the questions we were asked following the first campaign, we have created a page on our website to provide further information for companies in the transport and storage sector. Paying a data protection fee – transport and storage sector: https://ico.org.uk/trs


We also have a web hub specifically designed for small and medium enterprises which has lots of tips and straightforward guides that your members will find useful. SME web hub – advice for all small organisations | ICO: https://ico.org.uk/for-organisations/sme-web-hub/


Organisations in your sector often ask about Subject Access Requests so your members may find How to deal with a request for information: a step-by-step guide | ICO particularly helpful: https://ico.org.uk/for-organisations/sme-web-hub/how- to-deal-with-a-request-for-information-a-step-by-step- guide/


SEPTEMBER 2021


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