Forum

• # 70167
• Tue 12 Apr 2011 02:41 PM

Hi All,

I remember reading somewhere on this forum that we need not register for the Data Protection Act...does this hold true?

We are collecting information from our clients for Anti-Money Laundering purposes and therefore I thought that it would be compulsory to be registered?

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• # 70168
• Tue 12 Apr 2011 03:44 PM

lady M

It is my belief back up by this excerpt from the information comissioners website that we are expempt from having to register under the normal course of our daily activities as bookkeepers

I hope this is ok

Kind regards
Stuart

info pasted from ICO website below:-

Most organisations that process personal data must notify the ICO of certain details about that processing. However, the Act provides exemptions from notification for:

• organisations that process personal data only for:
  - staff administration (including payroll);
  - advertising, marketing and public relations (in connection with their own business activity); and
  - accounts and records;
• some not-for-profit organisations;
• organisations that process personal data only for maintaining a public register;
• organisations that do not process personal information on computer.

There is more detailed guidance about the notification exemptions in Notification exemptions: A self-assessment guide.

• Forum Moderator, South East & Greater London Regional Chairman
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• # 70177
• Wed 13 Apr 2011 08:05 AM

Hi

I have registered with the ICO as (I may be wrong), I thought the exemption, on Accounts and Records, was in relation to data, with regard to your own business Accounts and Records.

See, ICO Notifications Exemptions, A Self Assessment Guide Q5 page 6 and Q9 pages 10 - 14

"Accounts and records
This is processing for the purposes of:
keeping accounts relating to any business or other activity you carry out;
or
deciding whether to accept anyone as a customer or supplier;
or
keeping records of purchases, sales or other transactions to ensure that the relevant
payments, deliveries or services take place;
or
making financial or management forecasts to help you carry out your business or activity"

Any thoughts?

Regards
Moira

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• # 70188
• Wed 13 Apr 2011 01:44 PM

Hi James

I did phone the ICO, about which template to use for the work category, and they said to use the Accountant's template and delete as necessary. I didn't ask the direct question i.e. should I be registered because I took it to be, that if I was processing other people's information, then I had to be registered. I don't know who I spoke to but they didn't say that, as a bookkeeper, I didn't need to be registered and my registration has been processed. I am not sure if they would say to you, that you don't need to be registered, as it is probably your own decision. Perhaps better safe than sorry?

Regards
Moira

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• # 70191
• Wed 13 Apr 2011 04:27 PM

I registered as when I did the online check it told me I needed to register, and when I read all of the criteria my understanding was that I did need to register as I am self employed/freelance and controlling clients data.  My understanding is that if you are employed and only processing your employers (or your own if self employed) data then there is no need to register.  I too thought it better to be safe than sorry
Anne

• Anne P
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• # 70224
• Thu 14 Apr 2011 09:23 AM

This confused me also & I called the ICO to ask whether I needed to register & was informed that I didn't. I did tell them that I was self-employed & working from home & therefore holding some of my clients info/data at home, but she said that I was exempt.

Good luck on clearing it up.

• LJM Bookkeeping - lara@ljmbookkeeping.co.uk

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• # 70227
• Thu 14 Apr 2011 01:01 PM

Hi

I decided to phone the ICO and ask the question "should I be registered" and was told that if it was purely bookkeeping, then I didn't need to be registered but I then asked about making up Final Accounts for a Sole Trader and that may require registration. I was also told that, if you do other people's self assessment tax returns and give financial advice, then you do need to be registered and it appears, so do Accountants. I have decided on caution and will stay registered and it will be in place if I sit the Self Assessment Tax exam.

Does seem to be a bit of a grey area.

Regards
Moira

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• # 72609
• Tue 28 Jun 2011 11:18 AM

Morning,   Search on the forum is working - I found this relavant thread.

My l soliciter who is puttting my terms of business together said I had to be Registered with ICO. I did question this and I looked at the ICO website and read all your comments and I am none the wiser.

I have enough to do starting the new business without paying and worrying about this.

1) Has the ICB a clearer view on this as this thread is a few months old.
2) Can anyone tell me if I have to manage/do things differently i.e what is the over head of joining?

I am going to the Reading Event tonight so I will raise the question there. I will aaso call the ICO as well.

Many questions come to mind - Surely if you are doing payroll you should be registered?  I will ask my accountants as well. If I can can clarification I will share it.

Regards
Clare

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• # 72610
• Tue 28 Jun 2011 11:37 AM

All,
I have just spoken to the ICO.

They said that I am the data porcessor, i,e. I am taking information form the client, processing it and handing it back to them (or their accountant). I am not doing tax returns (yet).  Even payroll, all I will be doing (after I have passed it)  is processing the information and then giving the information back to the client so they can do the payments.

The client still owns the data and therefore they are the data controller.

Therefore I am not registering just yet.

Howver I still have to comply with the principles of the data protection Act and not pass it on to a third party etc.

Even for the MLR checks you gether information but I am not passing it on - If I do pass it on if I believe that someone is being unlawfull would I have to regoster then. ummm I will cross that bridge when I come to it.

I will still see what others think tonight at Reading Event.

Clare

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• # 72615
• Tue 28 Jun 2011 12:29 PM

Hi All,

I can confirm what Clare has said, I have also spoken to the ICO since posting this thread and they have also confirmed that because I am not the data controller, I will not need to register.

Although for credibility purposes, maybe voluntary registration is something to consider? Just a thought...will be doing this myself when I look to expand my business.

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• # 72671
• Wed 29 Jun 2011 06:14 PM

I think voluntary (or "on the safe side") registration is no bad thing: It's only £35 a year and I think I'd agree that it's a credibility enhancer. Something to put on your website!

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• # 72673
• Wed 29 Jun 2011 07:01 PM

All, I was at the Reading Seminar and raised this question with a number of ICB people. Chloe from the ICB kindly sent me a left printed by the ICB on Data Protection.

 I am sure a copy is avalable on the web site or email them.

The start of the booklet said (PS Sorry abou the formatting)

Registering under the Data Protection Act

The Institute expects all licensed practices to register under the

Data Protection Act.

It has been a matter of debate as to whether a bookkeeping

practice should register under the Data Protection Act or not.

Previously the Information Commissioner's Office (ICO) has

presumed that bookkeepers merely provide a recording service of

financial transactions and that they are not called upon to provide

'advice' or to guide clients as part of their contract. Accountants,

on the other hand, have always been expected to register as they

are deemed to provide advice.

However, in the Institute's experience, bookkeepers are called upon

for all sorts of advice and many will complete Tax Returns and

other company documentation. They may also be required to pass

on information to a third party, for example a firm of accountants.

It is also significant that bookkeepers have been included along

with accountants as Accountancy Service Providers under the

money laundering regulations.

SO I think I will be registering.

Clare

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