Page reference: Information Page

WHAT IS NOTIFICATION?

• The Data Protection Commissioner maintains a public register of data controllers
• Each register entry includes the name and address of the data controller and a general description of the processing of personal data by a data controller.
• Individuals can consult the register to find out what processing of personal data is being carried out by a particular data controller.
• Notification is the process by which a data controller's details are added to the register.

WHY DO I NEED TO NOTIFY?

The Data Protection (Bailiwick of Guernsey) Law 2001 requires every data controller who is processing personal data to Notify unless they are exempt.

Failure to Notify is a criminal offence.

HOW CAN I FIND OUT IF I AM EXEMPT?

• Every data controller who is processing personal data must Notify unless they are exempt.
• A data controller is a person who determines the purposes for which and the manner in which any personal data are, or are to be processed.
• Personal data means data which relate to a living individual who can be identified from those data or from those data and other information which is in the possession of the data controller.

EXEMPTIONS ARE POSSIBLE FOR:

• Some not for profit organisations
• Processing of personal data for personal, family or household affairs (including recreational purposes).
• Data controllers who only process personal data for the maintenance of a public register.
• Data controllers who only process personal data for any one or all of the following purposes for their own business.
• staff administration
• advertising, marketing and public relations
• accounts and records

If you think you may be exempt click here for further information

If you are exempt from Notification, you may still choose to Notify voluntarily.

do I have to notify MANUAL RECORDS ?

No, however you can choose to Notify them voluntarily.

HOW DO I NOTIFY?

There are 3 easy ways to notify:

• By Internet
  
  You can complete the Notification form on-line and send it to us electronically

• By completing the Request for a Notification Form .
  
  This should be faxed, e-mailed or posted to us. The Notification forms will then be sent to you for further action.
   

• By Telephone
  
  You can telephone the office (+44 (0) 1481 742074) and a draft Notification form will be sent to you based on the information you will be asked to provide on the telephone.

WHAT IS THE FEE FOR NOTIFICATION?

The annual fee for notification is £50.00.
We do not send invoices but we will acknowledge receipt of payment

You may pay:

• By annual direct debit

  A direct debit form will be sent to you in your notification pack or may be completed online, printed and sent to us.
  Your notification will commence from the date your completed direct debit instruction is received by us.
   We will acknowledge receipt of your direct debit instruction and advise you of the date the fee will be collected from your bank account.
   

• By cheque or postal order

  Cheques should be made payable to "The Data Protection Commissioner" and crossed A/c Payee only.
  Please write your registration number  on the back of your cheque or include the printed remittance advice generated by the online system.
   

• Online by debit card or credit card
  
  Payment may be made by using the States of Guernsey payments portal - instructions for using this will be given at the end of the online notification process.

• By BACS
  
  Instructions for paying by BACS will be given at the end of the online notification process.

DO I HAVE TO RENEW MY NOTIFICATION?

Yes. The Notification period is one year. The renewal fee is £50.00.

We will write to you before the expiry date of your register entry.

If there are no changes to your register entry and you do not pay by Annual Direct Debit, you may choose to pay your renewal fee online.
To do this you will need to have your  six digit notification number and six character security code to hand.

HOW do i Make a change to  my register entry ?

You must write and tell us about any changes as soon as possible and in any event within 28 days. Failure to keep a register entry up to date is a criminal offence.

If you wish, we can open up an existing Notification for Review to enable you to make the required changes online.

WHAT DO I DO IF MY NOTIFICATION HAS EXPIRED?

You cannot normally renew an entry which has expired. Please contact this office for assistance.

Can I have more than one register entry?

No. A data controller may only Notify once, but each separate legal entity that processes personal data may need to Notify separately..

HOW DO I RENEW MY REGISTER ENTRY?

The Notification period is one year from the day we receive your correctly completed notification form and fee. Your entry will then expire unless it is renewed.
Prior to the expiry date we will write to you and explain the procedure for renewing your register entry.

The fee for renewing an entry is £50.00.
If you pay by direct debit you will not need to take any action to renew your entry in subsequent years.
If you have previously paid the fee by some other method a direct debit form will be enclosed with the renewal reminder letter.

It is very important that we receive payment of the renewal fee prior to the expiry of the entry.
It is not normally possible to renew an entry which has expired. In these circumstances you should contact this office for assistance.
Accordingly, you are encouraged to make payment by annual Direct Debit.

At renewal time you will be asked whether there have been any changes to the data controller name and address details or contact details.
A letter will be sent to you to confirm that your entry has been renewed together with information about your new expiry date.

COMPLETING THE NOTIFICATION FORM ON THE INTERNET

It is recommended that you complete the Notification form using the Internet. After completing the form on-line it will be submitted to and stored until we receive your  Notification fee or Direct Debit instruction.
 You will be deemed notified on the day we receive your correctly completed forms and fee or Direct Debit instruction.
 Your notification should normally appear on the Internet register on the following day.

The state of the form is saved as each step of the process is completed. It is therefore possible to complete the form over an extended period of time; however to do this the 'notification reference' that appears in red on the top right of each page must be noted and supplied on returning to the site. Alternatively you can use your browser to 'bookmark' the page of the form you have got to.  If at any stage you wish to return to an earlier stage that you have completed in an online session, you may use the 'back' button on your browser to make amendments.

• The first questions on the form are about the data controller who is notifying, for example their name, address and contact details.
• The next stage of the online process involves choosing an appropriate nature of business template.
   Each notification must include a general description of the processing of personal data being carried out.
  On the register this description is structured by reference to purposes.
• You will find a selection of templates which describe the processing which is likely to be being carried out by a range of different businesses. After selecting the template appropriate to your business you need to check that it accurately describes the processing which is being carried out.
   You may amend the template or add additional purposes to it.
   If you cannot find a relevant template, either call the notification help line or select the nearest template suitable to your needs and amend it accordingly.
• The following stage of the on line process involves providing additional information for example, the security statement and statement of exempt processing.
  Some of this information is mandatory, so failure to complete this part of the form renders your Notification invalid and you will be unable to submit it to us.
• The final stage is to

1. either print a copy of the form for your own records and then submit the completed notification to us electronically;
2. or take the option to amend the form, by returning to an earlier stage of the Notification process before finally submitting the form.

• Next, if you are paying by annual Direct Debit, you should complete the direct debit details of your bank account, print it, sign it and send it to us by post.
  
  If you are paying online for a new Notification, you will need to enter a Notification number of 000000   and the six character security code or notification reference provided by this system.
  
  If you are paying by cheque, you should print the remittance advice, sign it and send it to us by post with your cheque.

 

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