Do we landlords have to register with the Information Commissioner’s Office (ICO)?
I have read that all landlords need to by May 25th.
Is this true because it sure is not getting much attention?
There is a self assessment test on the ICO site to ascertain if you need to register with them for Data Protection
Registration self-assessment >> https://ico.org.uk/for-organisations/register/self-assessment/
“Under the Data Protection Act individuals and organisations that process personal information need to register with the Information Commissioner’s Office (ICO), unless they are exempt.
By going through the following questions you will be able to decide if you – as an individual or on behalf of your business or organisation – need to register with the ICO.”
Number 3 is the Key Question for Landlords on the self assessment test:
Do you process the information electronically?
Answer ‘Yes’ if you process the information using computers or any system that can process the information automatically, including CCTV systems, digital cameras, smartphones, credit card machines, call logging and recording systems, clocking machines and audio-visual capture and storage systems.
If you answer NO the response is: You are under no requirement to register
Organisations that do not process personal information on a computer are exempt. You therefore do not have to register with the ICO
However, it is important that your organisation adheres to the principles of the Data Protection Act (DPA) and understands best practice for managing information. To help ensure you are complying with the DPA, we have produced a range of training materials including practical toolkits, training videos and more.
You can still register voluntarily if you wish.
If you answer Yes the response at the end of the assessment is in nearly all cases that you will need to register with the ICO
Definition of Processing data:
“Processing, in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including –
(a) organisation, adaptation or alteration of the information or data,
(b) retrieval, consultation or use of the information or data,
(c) disclosure of the information or data by transmission, dissemination or otherwise making available, or
(d) alignment, combination, blocking, erasure or destruction of the information or data.”