January 14, 2019

The Data Protection (Charges and Information) Regulations 2018 set out the circumstances in which data controllers are required to pay a charge to the Information Commissioner. Regulation 2 of those Regulations requires a data controller to pay an annual charge to the Information Commissioner unless all the processing of personal data by the data controller is exempt processing. “Exempt processing” has the meaning given in the Schedule to those Regulations.

The new 2019 Regulations amend the Schedule to the Data Protection (Charges and Information) Regulations 2018 so that processing of personal data by members of the House of Lords, elected representatives and prospective representatives is also “exempt processing” for the purposes of those Regulations.

The amendment follows consultation last year by the ICO, in which of those who responded in favour of a new exemption for elected representatives, many agreed with the rationale for the exemption, i.e. that the charges constituted a “barrier to democracy” and that activity deriving from public office should not be liable to a charge.

The new legislation will come into force on 1 April 2019. To access the draft Regulations, click here.