Question to the Department for Science, Innovation & Technology:
To ask the Secretary of State for Science, Innovation and Technology, what assessment her Department has made of the impact of the Information Commissioner's Office's fee structure on small, self-employed data controllers such as registered childminders; and if she will consider introducing a reduced fee or exemption for sole traders ceasing trading, in place of the requirement to continue paying fees for the duration of statutory data retention periods.
The data protection fees fund the ICO's statutory responsibilities under data protection and privacy and electronic communications legislation. There are three levels of fee payable based on organisational size. Micro organisations, including sole traders, fall within the lowest tier and are required to pay £52 annually, or £47 if payment is made by direct debit. Around 90% (circa 1.1 million) of fee payers sit in this tier.
The ICO plays a vital role in helping all data controllers, including the smallest businesses, meet their data protection obligations. Sustainable funding is essential to ensuring that the ICO can maintain and expand its support for smaller organisations, delivering greater regulatory certainty, lower compliance costs and better value for money.
The government considers that the current fees are proportionate, with the smallest data controllers paying a modest amount. The government will keep the Funding Regulations, including fee levels and the scope of existing exemptions, under review to ensure they remain fit for purpose.