Accountancy firm fined for not registering under Data Protection Act

27 10 2009 United Kingdom

Failure to pay a £35 fee has led a small accountancy firm to incur fines and costs totalling over £1,700

Professional Accountancy Services Limited, which trades as Moores Chartered Management Accountants in Newcastle-under-Lyme, Staffs, has been prosecuted by the Information Commissioner’s Office (ICO) for offences under the Data Protection Act.

The accountancy firm was fined £500 and its director, Roger Bailey, was also fined £500. Newcastle-under-Lyme Magistrates’ Court has also ordered the firm to meet the ICO’s prosecution costs of £776.40.

Despite legal obligations unbder the Data Protection Act and repeated reminders from the ICO, the accountancy firm failed to notify as a data controller at a cost of £35 per year.

“Organisations must take their data protection responsibilities seriously,” said Mick Gorrill, Assistant Information Commissioner at the ICO.

“Notifying as a data controller under the Data Protection Act is an important obligation for all organisations which process personal information. As this prosecution demonstrates, we stand ready to use our powers to prosecute the small minority of organisations that flout the Data Protection Act.”

topenterprise tips on the Data Protection Act

Certain types of business cannot claim exemption from notifying the ICO under the Data Protection Act. These include accountants and payroll services, solicitors, employment agencies, financial advisers and health service providers (e.g. doctors).

Generally, you do not have to notify the ICO and pay the fee if you process personal information on computer solely for purposes of payroll and staff administration, advertising, marketing and public relations, accounts and records.

You must comply with the DPA's requirements about how you use personal information - whether you have to notify the Information Commissioner or not.

Members of topenterprise can find more information and guidance about the Data Protection Act in the Knowledge centre.

This item is intended to contribute to informed decisions by business owners, directors and managers. It does not constitute professional advice in all individual cases and should not be interpreted as giving specific advice or guidance.

Before making a decision to take any action you should make your own appropriate enquiries and seek legal, financial and other relevant advice from a qualified person or body. See terms of use for further information.

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