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390148
registered interest false more like this
date less than 2015-07-15more like thismore than 2015-07-15
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what obligations (a) people with reporting obligations in the regulated sector and (b) others have to ensure that a data controller who has processed personal data when not entitled to do so because of lack of notification does not benefit from any proceeds that may have been received as a consequence of that processing; and what sanctions can be taken against people who fail to fulfil those obligations. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 7446 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6938 more like this
6947 more like this
6948 more like this
6949 more like this
6951 more like this
6952 more like this
question first answered
less than 2015-07-22T10:07:56.417Zmore like thismore than 2015-07-22T10:07:56.417Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
389716
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what assessment he has made of the extent of revenue that has been lost to the public purse in each of the last seven financial years as a result of data controllers who are required to notify or register under the Data Protection Act and pay a fee not doing so; and what steps he is taking to (a) recoup the losses to the public purse that have occurred and (b) prevent such further losses. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6938 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6947 more like this
6948 more like this
6949 more like this
6951 more like this
6952 more like this
7446 more like this
question first answered
less than 2015-07-22T10:07:55.627Zmore like thismore than 2015-07-22T10:07:55.627Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
389906
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what discussions his Department has had with the Information Commissioner's Office (ICO) on ensuring that collection of registration and notification fees from data controllers is actively pursued by the ICO; and whether such collection was discussed at the meeting between the Deputy Director of Information Rights and Devolution Policy and the ICO on 29 April 2015. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6951 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6938 more like this
6947 more like this
6948 more like this
6949 more like this
6952 more like this
7446 more like this
question first answered
less than 2015-07-22T10:07:56.09Zmore like thismore than 2015-07-22T10:07:56.09Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
389907
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what mechanism (a) the Information Commissioner's Office and (b) his Department has in place to recover unpaid notification and registration fee income from data controllers; what the costs of such recovery is; from what budget such costs are met; and whether such costs are recovered from data controllers who do not pay such fees. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6952 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6938 more like this
6947 more like this
6948 more like this
6949 more like this
6951 more like this
7446 more like this
question first answered
less than 2015-07-22T10:07:56.253Zmore like thismore than 2015-07-22T10:07:56.253Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
389908
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what steps (a) the Information Commissioner's Office and (b) his Department has taken to ensure that (i) mediators, (ii) arbitrators and (iii) others providing legal services have registered as data controllers and paid any related fees in each of the last three years. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6948 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6938 more like this
6947 more like this
6949 more like this
6951 more like this
6952 more like this
7446 more like this
question first answered
less than 2015-07-22T10:07:55.853Zmore like thismore than 2015-07-22T10:07:55.853Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
389909
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what steps (a) the Information Commissioner's Office and (b) his Department has taken to ensure that (i) mediators, (ii) arbitrators and (iii) others providing medical services have registered as data controllers and paid any related fees in each of the last three years. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6949 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6938 more like this
6947 more like this
6948 more like this
6951 more like this
6952 more like this
7446 more like this
question first answered
less than 2015-07-22T10:07:55.98Zmore like thismore than 2015-07-22T10:07:55.98Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
389914
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what steps (a) the Information Commissioner's Office and (b) his Department takes to ensure that those data controllers who are not registered do not accrue benefit from such work; and what obligations there are to report such non-registration under legislation related to (i) money laundering and (ii) proceeds of crime. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6947 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
6938 more like this
6948 more like this
6949 more like this
6951 more like this
6952 more like this
7446 more like this
question first answered
less than 2015-07-22T10:07:55.743Zmore like thismore than 2015-07-22T10:07:55.743Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this
386499
registered interest false more like this
date less than 2015-06-30more like thismore than 2015-06-30
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what guidance his Department has issued to UK companies who will need to implement the General Data Protection Regulation. more like this
tabling member constituency Wimbledon more like this
tabling member printed
Stephen Hammond more like this
uin 4893 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-08more like thismore than 2015-07-08
answer text <p>Under this Government's transparency policy, meetings between ministers and external organisations are published quarterly.</p><p> </p><p>The Ministry of Justice published an Impact Assessment on the Commission’s original proposals for a General Data Protection Regulation on the 22nd November 2012. The Council of the European Union agreed on a general approach at Justice and Home Affairs Council on June 15 2015 after making many amendments to the text. The Government is currently evaluating the impact the Council’s text would have on the UK overall. The potential effect of specific elements of the text on a range of sectors, including the financial sector, will also be explored.</p><p>The Ministry of Justice has not issued any guidance to companies about the General Data Protection Regulation as the final text is still under negotiation. Once the outcome of trilogue negotiations between the Council of the European Union, the European Parliament and the Commission are complete, the Information Commissioner’s Office will be considering what guidance may be necessary in due course.</p><p> </p><p>The Ministry of Justice is currently exploring how it will need to implement the provisions in the General Data Protection Regulation requiring national legislation after the final text has been adopted. Negotiations on the Regulation remain ongoing. Once a final text is adopted, it will be a minimum of two years before it comes into force.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
4891 more like this
4892 more like this
4894 more like this
question first answered
less than 2015-07-08T16:06:06.683Zmore like thismore than 2015-07-08T16:06:06.683Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
1585
label Biography information for Stephen Hammond more like this
386500
registered interest false more like this
date less than 2015-06-30more like thismore than 2015-06-30
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, when he plans to bring forward legislation to enact the General Data Protection Regulation. more like this
tabling member constituency Wimbledon more like this
tabling member printed
Stephen Hammond more like this
uin 4894 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-08more like thismore than 2015-07-08
answer text <p>Under this Government's transparency policy, meetings between ministers and external organisations are published quarterly.</p><p> </p><p>The Ministry of Justice published an Impact Assessment on the Commission’s original proposals for a General Data Protection Regulation on the 22nd November 2012. The Council of the European Union agreed on a general approach at Justice and Home Affairs Council on June 15 2015 after making many amendments to the text. The Government is currently evaluating the impact the Council’s text would have on the UK overall. The potential effect of specific elements of the text on a range of sectors, including the financial sector, will also be explored.</p><p>The Ministry of Justice has not issued any guidance to companies about the General Data Protection Regulation as the final text is still under negotiation. Once the outcome of trilogue negotiations between the Council of the European Union, the European Parliament and the Commission are complete, the Information Commissioner’s Office will be considering what guidance may be necessary in due course.</p><p> </p><p>The Ministry of Justice is currently exploring how it will need to implement the provisions in the General Data Protection Regulation requiring national legislation after the final text has been adopted. Negotiations on the Regulation remain ongoing. Once a final text is adopted, it will be a minimum of two years before it comes into force.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
4891 more like this
4892 more like this
4893 more like this
question first answered
less than 2015-07-08T16:06:06.803Zmore like thismore than 2015-07-08T16:06:06.803Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
1585
label Biography information for Stephen Hammond more like this
386529
registered interest false more like this
date less than 2015-06-30more like thismore than 2015-06-30
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Data Protection remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what meetings his Department has had with the (a) Corporation of London and (b) FCA on the implementation of the General Data Protection Regulation and possible costs to the UK financial services sector. more like this
tabling member constituency Wimbledon more like this
tabling member printed
Stephen Hammond more like this
uin 4892 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-08more like thismore than 2015-07-08
answer text <p>Under this Government's transparency policy, meetings between ministers and external organisations are published quarterly.</p><p> </p><p>The Ministry of Justice published an Impact Assessment on the Commission’s original proposals for a General Data Protection Regulation on the 22nd November 2012. The Council of the European Union agreed on a general approach at Justice and Home Affairs Council on June 15 2015 after making many amendments to the text. The Government is currently evaluating the impact the Council’s text would have on the UK overall. The potential effect of specific elements of the text on a range of sectors, including the financial sector, will also be explored.</p><p>The Ministry of Justice has not issued any guidance to companies about the General Data Protection Regulation as the final text is still under negotiation. Once the outcome of trilogue negotiations between the Council of the European Union, the European Parliament and the Commission are complete, the Information Commissioner’s Office will be considering what guidance may be necessary in due course.</p><p> </p><p>The Ministry of Justice is currently exploring how it will need to implement the provisions in the General Data Protection Regulation requiring national legislation after the final text has been adopted. Negotiations on the Regulation remain ongoing. Once a final text is adopted, it will be a minimum of two years before it comes into force.</p>
answering member constituency Esher and Walton remove filter
answering member printed Dominic Raab more like this
grouped question UIN
4891 more like this
4893 more like this
4894 more like this
question first answered
less than 2015-07-08T16:06:06.547Zmore like thismore than 2015-07-08T16:06:06.547Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
1585
label Biography information for Stephen Hammond more like this