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Department for Science, Innovation and Technology consults on changes to the data protection fee regime

Link(s):Data protection fee regime: proposed changes – GOV.UK (www.gov.uk)
Data protection fee regime consultation – GOV.UK (www.gov.uk)

Context

The Department for Science, Innovation and Technology is consulting on proposed changes to the data protection fee regime, including increases in the data protection fees for all three fee bands.  The consultation, seeking views on the government’s proposals to amend the data protection fees that are payable by data controllers to the Information Commissioner’s Office, closes on 26 September 2024.  Online responses can be submitted here.

Key points to note and next actions

The proposals aim to provide the ICO with the necessary resources to carry out its functions effectively, including to support the implementation of the Digital Information and Smart Data Bill announced in the King’s Speech, which will give the ICO new, stronger powers to protect people’s data.

There are currently three tiers of fees payable, based on an organisation’s size (number of staff) and turnover.  The proposed changes to the fee structure are to make modest increases to tier 1 and tier 2 (increases of £15 and £22 respectively), but a much larger increase to the tier 3 fee (an increase of £1079).  The current and proposed new fees are:

  • Tier 1 (micro-organisations): currently £40, to increase to £55
  • Tier 2 (small and medium organisations): currently £60, to increase to £82
  • Tier 3 (large organisations): currently £2900, to increase to £3979

More generally:

  • the current three tier structure is straightforward and easy to navigate for data controllers – so it will remain;
  • the exemptions from paying a fee continue to be appropriate – so will remain; and
  • the direct debit discount (£5) will remain, as it benefits smaller fee payers and the ICO.