As we have previously discussed, the General Data Protection Regulation (“GDPR”) removed the requirement at European law for data controllers to “register” with their supervisory authority. However, in the UK, the need to provide a funding stream for the data protection work of the Information Commissioner’s Office (ICO) led parliament to pass laws (The Data Protection (Charges and Information) Regulations 2018) (“the Fee Regulations”), made under sections 137 and 138 of the Data Protection Act 2018 (“DPA”)) requiring controllers to pay a fee to the ICO, unless an exemption applied.
New amendment regulations (The Data Protection (Charges and Information) (Amendment) Regulations 2019) have now been passed, following a consultation run by DCMS last year. These mean that new categories of exempt processing are introduced. In short, processing of personal data by members of the House of Lords, elected representatives and prospective representatives is also now “exempt processing” for the purposes of the Fee Regulations. “Elected representative” means (adopting the definition at paragraph 23(3)(a) to (d) and (f) to (m) of Schedule 1 to the DPA)
- a member of the House of Commons;
- a member of the National Assembly for Wales;
- a member of the Scottish Parliament;
- a member of the Northern Ireland Assembly;
- an elected member of a local authority within the meaning of section 270(1) of the Local Government Act 1972
- an elected mayor of a local authority within the meaning of Part 1A or 2 of the Local Government Act 2000;
- a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- the Mayor of London or an elected member of the London Assembly;
- an elected member of the Common Council of the City of London, or the Council of the Isles of Scilly;
- an elected member of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
- an elected member of a district council within the meaning of the Local Government Act (Northern Ireland) 1972;
- a police and crime commissioner.
But, it should be noted, MEPs’ processing is not exempt, and, for the time being at least, they must still pay a fee.