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Another fine for failure to notify

Another company was fined earlier this week for failure to notify the office of the Information Commissioner that it was processing personal data.

Becoming Green (UK) Ltd was at Cardiff Magistrates Court and company director, 39-year-old Mr Abdul Muhith of Cardiff Bay was also convicted for allowing the company to unlawfully process personal data without notifying with the ICO (section 61 of the Data Protection Act).

Absolute Data Comment

There are a couple of points that interest me about this case.

  1. The offence was uncovered when an ICO case worker noticed Mr Muhith had not registered the company with the ICO which is the first case I am aware of that has come to court through vigilent ICO employee action.
  2. In light of the above, there are about 10,000 ICO Notifications and about 3,000,000 UK businesses.  Some of the companies that we work for at Absolute Data have several notifications which I believe means in general terms that a massive majority of organisations are NOT notified – any you can’t tell me that they are all exempt from notification
  3. And finally, the company director has now got a criminal record. It should be food for thought for 288 Company Directors…

Phil Brining

The ICO has produced an online self assessment tool to help businesses determine whether they need to notify.
http://ico.org.uk/for_organisations/data_protection/registration/self-assessment