Dear Information Commissioner’s Office,

I write to make an FOI request for the following information:

How many Northern Ireland based organisations are notified as data processors with the ICO as of todays date?

How many Northern Ireland based solicitors are notified as data processors with the ICO as of todays date?

How many Government bodies/departments based in Northern Ireland are notified with the ICO as data processors as of todays date?

Do the ICO hold records of organisations/individuals who are not notified as data processors with the ICO, but should be?

Do the ICO investigate these organisations/individuals for non notification?

How many Northern Ireland based organisations, individuals, solicitors, government bodies, are not notified as data processors with the ICO, but should be?

Do the ICO carry out a review of organisations/persons/government bodies who are not notified with the ICO, to find out if they should be notified?

Yours faithfully,

Lucas Leigh

Information Commissioner’s Office

Link: [1]File-List

02 July 2010

Case Reference Number IRQ0320754

Dear Mr Leigh

Request for Information

Thank you for your correspondence dated 01 July 2010. In your email you
have asked us to provide you with various information relating to the
notification of Data Processors.

Your request will be dealt with in accordance with the Freedom of
Information Act 2000. However, before doing so, we do require further
clarification from you about the information you want.

It might be useful if I firstly clarify that under the Data Protection Act
1998 (part III sections 16-26) every organisation (data controller) that
processes personal data must register or with the Information
Commissioner’s Office, unless they are exempt. This process of
registration is know as 'Notification'.

A data controller is defined in part I s.1 of the Data Protection Act 1998
(the Act) as:

‘A person who (either alone or jointly or in common with other persons)
determines the purposes for which and the manner in which any personal
data are, or are to be processed’.

I note you have asked about the notification of “data processors”. The
definition of a ‘data processor’ is reasonably straight forward. It is
defined in part I s.1 of the Act as:

‘Any person (other than an employee of the data controller) who
processes the data on behalf of the data controller’.

Essentially, a data processor is a separate legal entity who processes
data on behalf of a data controller but there is no requirement for a data
processor to notify. I would therefore be grateful if you could clarify
whether you would like to request the information in relation to data
processors, or data controllers.

Once you have provided some clarification we will be able to begin to
process your request.  If we do not receive clarification within three
months your request will be considered to have lapsed. (Under section
1(3) of the Freedom of Information Act (FOIA), a public authority need not
comply with a request unless any further information reasonably required
to locate the information is supplied).

If you wish to add further information or evidence to your case please
reply to this email, being careful not to amend the information in the
‘subject’ field. This will ensure that the information is added
directly to your case. However, please be aware that this is an automated
process; the information will not be read by a member of our staff until
your case is allocated to a request handler

Yours sincerely

Andrew Walsh

Lead Internal Compliance Officer

01625 545 363

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad87B79_files/filelist.xml

Dear Information Commissioner’s Office,

Thank you for your email. I can confirm I am requesting the above information in relation to 'data controllers'.

Yours faithfully,

Lucas

Dear Information Commissioner’s Office,

Can you please update me on the current position with this request.

thanks

Yours faithfully,

Lucas

new casework,

Thank you for emailing the Information Commissioner's Office (ICO).

If your email was a reply to an email we sent you it has now been attached
to your case and will be read when your correspondence is allocated to a
case officer.

If your case has already been allocated, the case officer will be in
contact when they have considered your email.
If your email was not a reply to an email from us it will be considered by
our Customer Service Team. We will respond to you as soon as possible or
within 30 calendar days.
If you need more help, please contact our Helpline on 08456 30 60 60 or
01625 545745 if you prefer to use a national rate number.

Yours sincerely

Customer Service Team
The Information Commissioner's Office

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner’s Office

Link: [1]File-List

09 July 2010

Case Reference Number IRQ0320754

Dear Mr Leigh

Request for Information

Thank you for your further correspondence dated 02 July and 08 July 2010,
regarding your request for information.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 02 August 2010 which is 20
working days from the day after you clarified your request.

Should you wish to respond to this email please be careful not to amend
the information in the ‘subject’ field. This will ensure that the
information is added directly to your case. However, please be aware that
this is an automated process; the information will not be read by a member
of our staff until your case is allocated to a request handler.

Yours sincerely

Andrew Walsh

Lead Internal Compliance Officer

01625 545 363

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/radA4C2A_files/filelist.xml

Dear Information Commissioner’s Office,

I note that a reponse was due by 02 August 2010. As I have not received any message advising that the response will be delayed, I will expect a response to by foi request by 5pm today (02 August 2010), as required by law.

Yours faithfully,

Lucas Leigh

casework,

Thank you for emailing the Information Commissioner's Office (ICO).
If your email was a reply to an email we sent you it has now been attached
to your case and will be read when your correspondence is allocated to a
case officer.

If your case has already been allocated, the case officer will be in
contact when they have considered your email.
If your email was not a reply to an email from us it will be considered by
our Customer Service Team. We will respond to you as soon as possible or
within 30 calendar days.
If you need more help, please contact our Helpline on 08456 30 60 60 or
01625 545745 if you prefer to use a national rate number.
Yours sincerely

Customer Service Team
The Information Commissioner's Office

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner’s Office

2 Attachments

Link: [1]File-List

02 August 2010

Case Reference Number IRQ0320754

Dear Mr Leigh

I write with reference to your request for information and further to our
acknowledgment dated 09 July 2010. 

In your initial email of 02 July 2010, you requested:

“How many Northern Ireland based organisations are notified as data
processors with the ICO as of todays date?

How many Northern Ireland based solicitors are notified as data
processors with the ICO as of todays date?

How many Government bodies/departments based in Northern Ireland are
notified with the ICO as data processors as of todays date?

Do the ICO hold records of organisations/individuals who are not
notified as data processors with the ICO, but should be?

Do the ICO investigate these organisations/individuals for non
notification?

How many Northern Ireland based organisations, individuals,
solicitors, government bodies, are not notified as data processors
with the ICO, but should be?

Do the ICO carry out a review of organisations/persons/government
bodies who are not notified with the ICO, to find out if they should be
notified?”.

You subsequently confirmed that you would infact like the above
information in relation Data Controllers, not Data Processors.

Such requests are dealt with as requests for information under the Freedom
of Information Act 2000 (the FOIA).

I will address each request in turn, with my response below in bold:

How many Northern Ireland based organisations are notified as data
controllers with the ICO as of todays date?

6970

How many Northern Ireland based solicitors are notified as data
controllers with the ICO as of todays date?

217

How many Government bodies/departments based in Northern Ireland are
notified with the ICO as data controllers as of todays date?

During the notification process, we do not use a specific template to
identify organisations who are government bodies/departments. Therefore,
we do not hold the information you have requested. However, in the event
you wish to carry out further research, I have attached a report showing
all 6970 data controllers that have a Belfast postcode.

Do the ICO hold records of organisations/individuals who are not
notified as data controllers with the ICO, but should be?

Organisations have to notify if they are acting as data controllers and
unable to rely on the notification exemptions
(http://www.ico.gov.uk/upload/documents/l...). Failure
to notify is a criminal offence. As the need to notify is determined by a
process self assessment, we do not hold this information.

Do the ICO investigate these organisations/individuals for non
notification?

Where we receive a complaint about an organisation that is not registered
we will contact that organisation to make them aware of the notification
obligations. The organisation then has to make an assessment whether
notification is required. The notification department can offer advice and
guidance to help them reach that decision. We also have a
non-notification team that directly target specific nature of businesses
regarding the requirement to notify. They will write to the organisation
informing them of the notification obligations.

How many Northern Ireland based organisations, individuals,
solicitors, government bodies, are not notified as data controllers
with the ICO, but should be?

As the need to notify is determined by a process self assessment, we do
not hold this information.

Do the ICO carry out a review of organisations/persons/government
bodies who are not notified with the ICO, to find out if they should be
notified?”.

As stated above we have a non-notification team that directly target
specific nature of businesses regarding the requirement to notify. They
will write to the organisation informing them of the notification
obligations. They are currently targeting private investigators and
estate agents.

Please note, the above figures were correct as of Monday 02 August 2010,
although it is important to note that it does not account for any data
controllers whose registrations are awaiting renewal, or any new
submissions. We are currently processing paperwork received on 29 July
2010.

I hope that this provides you with the information you require.  However,
if you are dissatisfied with this response and wish to request a review of
our decision or make a complaint about how your request has been handled
you should write to the Internal Compliance Team at the address below or
e-mail [2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

A copy of our review procedure is attached.

Yours sincerely

Andrew Walsh

Lead Internal Compliance Officer

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

T. 01625 545363 [3]www.ico.gov.uk

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad8762A_files/filelist.xml
2. mailto:[email address]
3. blocked::http://www.ico.gov.uk/
http://www.ico.gov.uk/

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