Tiered Data Notification Fees

July 7, 2009

The Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009 (SI 2009/1677) provide for a new scheme for notification fees, which involves a very large increase in the fees payable by large organisations, and a new ‘judicial functions exemption’. Some data controllers will find that the fee payable rises from £35 to £500.

 According to the Explanatory Memorandum put together by the Ministry of Justice:
‘While the impact of changing the notification fee structure on medium
and small data controllers will be minimal, large data controllers falling within
tier 2 of the new fee structure will experience a significant increase from the
current annual fee of £35 to £500. However, large data controllers will not be
subsidising smaller data controllers. The higher fee payable by tier 2 data
controllers reflects the amount of resources invested by the IC in regulating
large data controllers.’

The change follows a consultation process in 2008 and is designed to significantly increase ICO revenue.

Charities, small occupational pension schemes, organisations with a turnover below £25.9m and those with relatively few staff (under 250) will continue to pay £35.

The Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009 (SI 2009/1677)  can be read here and the lengthy Explanatory Memorandum can be accessed here.