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Old 02-02-2004, 10:00 PM
David Hill
 
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Default OT (just) Data protection Act

Further to the topic before Xmas,
Today I had a form to register by 1st March
The data protection act now requires every business/organisation that is
holding or processing personal data.
Purposes include record of purchases, keeping accounts, Administration of
membership details,
information and data bank administration
and much, much more.
the cost £55.00.
If you fail to register max fine £500.

It states that Non profit making Organisations such as Clubs and
Associations are NOT exempt.
So gardening clubs etc watch out.
Yet another tax and incentive not to be in business.


--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk




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Old 02-02-2004, 11:18 PM
hugh
 
Posts: n/a
Default OT (just) Data protection Act

In message , David Hill
writes
Further to the topic before Xmas,
Today I had a form to register by 1st March
The data protection act now requires every business/organisation that is
holding or processing personal data.
Purposes include record of purchases, keeping accounts, Administration of
membership details,
information and data bank administration
and much, much more.
the cost £55.00.
If you fail to register max fine £500.

It states that Non profit making Organisations such as Clubs and
Associations are NOT exempt.
So gardening clubs etc watch out.
Yet another tax and incentive not to be in business.


Where did you get this gem from? Have you had one of these misleading
letters offering to notify for your have you misread Q7 on the self
assessment guide?
I attach details from Information Commissioners web site on NFP
organisations.

Q8 AS A NOT FOR PROFIT ORGANISATION IS ALL OF YOUR PROCESSING COVERED
BY THE FOLLOWING DESCRIPTIONS ?



Your processing is only
For the purposes of establishing or maintaining membership or support
for a body or association not established or conducted for profit, or
providing or administering activities for individuals who are either
members of the body or association or have regular contact with it.

This exempt purpose is intended for small clubs, voluntary
organisations, church administration and some charities.

Further written guidance on this exemption is available by telephoning
the notification helpline.

Your data subjects are restricted to Any person the processing of whose
personal data is necessary for this exempt purpose
Examples a past, existing or prospective members or those who have
regular contact with the organisation.



Your data classes are restricted to Data which are necessary for this
exempt purpose
Examples a names, addresses, identifiers or eligibility for
membership.



Your disclosures other than those made with the consent of the data
subjects are restricted to Those third parties which are necessary for
this exempt purpose


Retention of the Data The personal data are not kept after the
relationship between you and the data subject ends, unless and for so
long as it is necessary to do so for the exempt purpose

HTH

--
hugh
Reply to address is valid at the time of posting
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Old 02-02-2004, 11:18 PM
hugh
 
Posts: n/a
Default OT (just) Data protection Act

In message , David Hill
writes
Further to the topic before Xmas,
Today I had a form to register by 1st March
The data protection act now requires every business/organisation that is
holding or processing personal data.
Purposes include record of purchases, keeping accounts, Administration of
membership details,
information and data bank administration
and much, much more.
the cost £55.00.
If you fail to register max fine £500.

It states that Non profit making Organisations such as Clubs and
Associations are NOT exempt.
So gardening clubs etc watch out.
Yet another tax and incentive not to be in business.


Where did you get this gem from? Have you had one of these misleading
letters offering to notify for your have you misread Q7 on the self
assessment guide?
I attach details from Information Commissioners web site on NFP
organisations.

Q8 AS A NOT FOR PROFIT ORGANISATION IS ALL OF YOUR PROCESSING COVERED
BY THE FOLLOWING DESCRIPTIONS ?



Your processing is only
For the purposes of establishing or maintaining membership or support
for a body or association not established or conducted for profit, or
providing or administering activities for individuals who are either
members of the body or association or have regular contact with it.

This exempt purpose is intended for small clubs, voluntary
organisations, church administration and some charities.

Further written guidance on this exemption is available by telephoning
the notification helpline.

Your data subjects are restricted to Any person the processing of whose
personal data is necessary for this exempt purpose
Examples a past, existing or prospective members or those who have
regular contact with the organisation.



Your data classes are restricted to Data which are necessary for this
exempt purpose
Examples a names, addresses, identifiers or eligibility for
membership.



Your disclosures other than those made with the consent of the data
subjects are restricted to Those third parties which are necessary for
this exempt purpose


Retention of the Data The personal data are not kept after the
relationship between you and the data subject ends, unless and for so
long as it is necessary to do so for the exempt purpose

HTH

--
hugh
Reply to address is valid at the time of posting
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Old 02-02-2004, 11:18 PM
Franz Heymann
 
Posts: n/a
Default OT (just) Data protection Act


"hugh" ] wrote in message
...
In message , David Hill
writes


Is the act still concerned with "keeping data in computer readable form"?

If so, we are one and all in dire trouble, because even if we keep our data
with a licked indelible pencil on the back of a used envelope, we might be
breaking the law, since a scanner can read that into the computer.
{:-((

Franz


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Old 02-02-2004, 11:18 PM
Franz Heymann
 
Posts: n/a
Default OT (just) Data protection Act


"hugh" ] wrote in message
...
In message , David Hill
writes


Is the act still concerned with "keeping data in computer readable form"?

If so, we are one and all in dire trouble, because even if we keep our data
with a licked indelible pencil on the back of a used envelope, we might be
breaking the law, since a scanner can read that into the computer.
{:-((

Franz




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Old 02-02-2004, 11:33 PM
David Hill
 
Posts: n/a
Default OT (just) Data protection Act

".........Where did you get this gem from? ......"

This gem as you so scathingly call it came from

Data protection Registration Agency form DP1 ( parts 1 and 2) which arrived
in my Mail box today....
I am under the assumption that as the Relevant Agency They do know what
they are talking about..
Their phone number is 08456 44 44 10 (Local call rate)

And before you ask...I am phoning them in the morning (If I can get through)
to clarify situation regarding Charities and small clubs.

they say in their last paragraph ....... "If you as an organisation or
company hold any personal or customer information, either in a database or
other retrievable format, then in accordance with the Act and under the
authority of the Information Commissioner, you must register as a data
controller."

Regarding "Exemption" they say ....."Exempt status only includes such
organisations as registered charities, voluntary groups, maintenance of a
public register or processing only for personal family or household affairs.
Non Profit Making Organisations(NPMO's) such as Clubs and Associations are
NOT exempt." (And there is no comma between personal and family in their
document.)

Make of it what you will...

--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk




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Old 03-02-2004, 12:37 AM
Janet Baraclough ..
 
Posts: n/a
Default OT (just) Data protection Act

The message
from "David Hill" contains these
words:

Further to the topic before Xmas,
Today I had a form to register by 1st March
The data protection act now requires every business/organisation that is
holding or processing personal data.
Purposes include record of purchases, keeping accounts, Administration of
membership details,
information and data bank administration
and much, much more.
the cost £55.00.
If you fail to register max fine £500.


Watch your step David..I'm not sure there is a fee. IIRC radio 4
talking about a rip-off scam from a company sending similar letters; the
unsuspecting victim filled in the form, returned it, and the scammers
forwarded it to the right place and pocketed the payment as their
"administration and advisory fee".

Janet







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Old 03-02-2004, 08:02 AM
Mike
 
Posts: n/a
Default OT (just) Data protection Act




"Janet Baraclough .." wrote in
message ...
The message
from "David Hill" contains these
words:
the cost £55.00.
If you fail to register max fine £500.


Watch your step David..I'm not sure there is a fee. IIRC radio 4
talking about a rip-off scam from a company sending similar letters; the
unsuspecting victim filled in the form, returned it, and the scammers
forwarded it to the right place and pocketed the payment as their
"administration and advisory fee".

Janet

You are correct and I have been targeted by them myself.

I hold thousands and thousands of names and addresses of ex Service people.
I have 2000 names for the National Service (RAF) Association alone, 500 for
the H.M.S.Collingwood Association, 200 for the River Class Association, over
200 for the British Pacific Fleet Association plus Membership lists
containing hundreds of people who belong to other Associations where their
membership Secretaries have sent the lists, for my own personal use, when
trying to trace an old shipmate so I can reunite them.

I contacted the local Trading Standards Office who sent me a video and books
on the subject and then contacted the Data Protection Office.

In a nutshell, you DO need to register if your records are kept in such a
way that by pressing a button you can extract, and let me use my own
listings above to explain, "All men who were 19 - 21 when they joined the
Royal Navy between 1943 and 1953" or another one, "All men from Norwich who
joined the Royal Air Force between 1947 and 1960 under the 1947 National
Service Act"

or to relate it to a Gardening Club "All people who have been a member
between 1961 and 1991 who have won the 'Best Lettuce' Cup on more than one
occasion"

As I am unable to 'press the button' and no doubt most, if not all Gardening
Clubs, would be able to 'press the button', there is no need to register.

However, if your business is such that by pressing a button on your
computer, you can mail merge and send a letter to all of the Gardening Club
Members who have never won a prize in the last 10 Garden shows, then yes
registration might be for you, because you are automatically 'targeting a
section of your listings.

There is another aspect of the Data Protection Act which is quite
frightening. If you as the Secretary of a Gardening Club decide to gather
the names and addresses of all of the other Gardening Clubs in the country
and then sell that list to someone who will use it to market something, YOU
are in line for prosecution and the person you SELL IT TO is liable. I had a
case where someone tried to sell the names and addresses of all the
H.M.Ship's Association's Secretaries to Hotels to target them for reunions.
The Manager of one of the hotels I use a lot contacted me and now whenever a
likely list is printed in any of my magazines or publications, I print the
following:-

DATA PROTECTION ACT
These names and addresses are for the use of the Associations, their members
and prospective members. They are not to be copied in any way shape or form,
listed, sold, used, delivered, made available or marketed by a third person
for any reason whatsoever. R.N. Shipmates has not, does not, and will not
give permission for any use other than the direct use of Association
Members, Secretaries or prospective members as detailed above. Prosecution
of the 'collector', 'seller' and 'end user' may arise by contravening this
warning.

The person concerned ceased his activity immediately on my warning him.

Carry on Gardening Clubs, Little Theatre Groups, Under Water Formation
Dancing Teams, etc etc. The act is not targeted at you :-))

Hope that helps.

Mike


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Old 03-02-2004, 08:32 AM
David Hill
 
Posts: n/a
Default OT (just) Data protection Act

"........ Watch your step David..I'm not sure there is a fee.
IIRC radio 4 talking about a rip-off scam from a company sending similar
letters; the unsuspecting victim filled in the form, returned it, and the
scammers forwarded it to the right place and pocketed the payment as their
"administration and advisory fee".
Janet ........."

Thanks....this was my first thought. and I did wonder why they gave an email
address and no web site.
have checked Data protection act in Google and amongst everything found
this..........
"5. I have been contacted by an "agency" informing me that I must
register/notify under the Data Protection Act and pay them a large fee. How
can I be sure this agency is genuine?

If you are a business or organisation who processes personal information on
computer you may need to be on the register of data controllers maintained
by the Information Commissioner. The annual notification fee is £35, on
which no VAT is payable. However, a number of private companies have been
approaching businesses demanding up to £95 plus VAT for notification under
the Data Protection Act. You should not be misled by these businesses (who
frequently style themselves as official-sounding "agencies"): they have no
official standing or powers and there is no connection between them and the
Information Commissioner's Office. Organisations who wish to complain about
correspondence received from these businesses should contact their local
Trading Standards Department.

To find out whether you need to notify under the Data Protection Act, you
should telephone the Notification Department at the Information
Commissioner's Office or consult the Commissioner's website. See answer to
question 1) above for contact details.

The number they referee to is.........01625 545745

I will be passing the forms sent me to the local fraud squad....



--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk




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Old 03-02-2004, 08:46 AM
David Hill
 
Posts: n/a
Default OT (just) Data protection Act

"........ Watch your step David..I'm not sure there is a fee.
IIRC radio 4 talking about a rip-off scam from a company sending similar
letters; the unsuspecting victim filled in the form, returned it, and the
scammers forwarded it to the right place and pocketed the payment as their
"administration and advisory fee".
Janet ........."

Thanks....this was my first thought. and I did wonder why they gave an email
address and no web site.
have checked Data protection act in Google and amongst everything found
this..........
"5. I have been contacted by an "agency" informing me that I must
register/notify under the Data Protection Act and pay them a large fee. How
can I be sure this agency is genuine?

If you are a business or organisation who processes personal information on
computer you may need to be on the register of data controllers maintained
by the Information Commissioner. The annual notification fee is £35, on
which no VAT is payable. However, a number of private companies have been
approaching businesses demanding up to £95 plus VAT for notification under
the Data Protection Act. You should not be misled by these businesses (who
frequently style themselves as official-sounding "agencies"): they have no
official standing or powers and there is no connection between them and the
Information Commissioner's Office. Organisations who wish to complain about
correspondence received from these businesses should contact their local
Trading Standards Department.

To find out whether you need to notify under the Data Protection Act, you
should telephone the Notification Department at the Information
Commissioner's Office or consult the Commissioner's website. See answer to
question 1) above for contact details.

The number they referee to is.........01625 545745

I will be passing the forms sent me to the local fraud squad....



--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk






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Old 03-02-2004, 09:18 AM
Mike
 
Posts: n/a
Default OT (just) Data protection Act



I will be passing the forms sent me to the local fraud squad....


David read the form and I think you will find that there is no fraud being
committed. From memory, I ditched the letter/form, it is your own
interpretation that makes it look official and that you 'have' to conform.

Rather like the letter from the Pension people who by the wording on the
form, you 'have' to have a bank account and you 'have' to have your pension
paid into it. Not so. I get my pension with a book from the Post Office
still and always will

Mike



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Old 03-02-2004, 02:47 PM
hugh
 
Posts: n/a
Default OT (just) Data protection Act

In message , Franz Heymann
writes

"hugh" ] wrote in message
...
In message , David Hill
writes


Is the act still concerned with "keeping data in computer readable form"?

If so, we are one and all in dire trouble, because even if we keep our data
with a licked indelible pencil on the back of a used envelope, we might be
breaking the law, since a scanner can read that into the computer.
{:-((

Franz


Nope, doesn't apply to info held for domestic purposes.
--
hugh
Reply to address is valid at the time of posting
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Old 03-02-2004, 02:58 PM
hugh
 
Posts: n/a
Default OT (just) Data protection Act

In message , Mike
writes


I will be passing the forms sent me to the local fraud squad....


David read the form and I think you will find that there is no fraud being
committed. From memory, I ditched the letter/form, it is your own
interpretation that makes it look official and that you 'have' to conform.

Snip
Yes like most con artists they know how to stay just inside the dividing
line. Personally I find the IC's website extremely difficult to
navigate. It's only because I knew the answer was there somewhere that I
was able to find it.
--
hugh
Reply to address is valid at the time of posting
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Old 03-02-2004, 03:12 PM
hugh
 
Posts: n/a
Default OT (just) Data protection Act

In message , Franz Heymann
writes

"hugh" ] wrote in message
...
In message , David Hill
writes


Is the act still concerned with "keeping data in computer readable form"?

If so, we are one and all in dire trouble, because even if we keep our data
with a licked indelible pencil on the back of a used envelope, we might be
breaking the law, since a scanner can read that into the computer.
{:-((

Franz


Nope, doesn't apply to info held for domestic purposes.
--
hugh
Reply to address is valid at the time of posting
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Old 03-02-2004, 03:22 PM
hugh
 
Posts: n/a
Default OT (just) Data protection Act

In message , Mike
writes


I will be passing the forms sent me to the local fraud squad....


David read the form and I think you will find that there is no fraud being
committed. From memory, I ditched the letter/form, it is your own
interpretation that makes it look official and that you 'have' to conform.

Snip
Yes like most con artists they know how to stay just inside the dividing
line. Personally I find the IC's website extremely difficult to
navigate. It's only because I knew the answer was there somewhere that I
was able to find it.
--
hugh
Reply to address is valid at the time of posting
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