Data Controller for Data Protection Act 1998

IconicProjects · 16th August 2007

I recently discovered that i may well be obliged by law to to register as a data controller if im to sell hosting despite being a Internet Host Reseller? I contact my host whom didn't really have an idea and stated...

"Thanks for the email. As I understand it, as you'll be storing data on your customer, yes you will need to register, but the people to confirm that would not be us, but the Data Protection people themselves."

Has any body got the answer? Who else has registered? Was anyone else aware of this?

burble · 16th August 2007

Ianal, but iirc the DPA applies only to personal information. You're allowed limited amounts of info for the management of your accounts etc, but anything more than that you will need to register as a data controller. That counts whether you create, store or otherwise process data.

If you're just hosting small static sites with a contact page, then no, I don't think you need to register as a data controller. However, if your server space is storing personal information on there, especially if it's personal information about the users of the site, then you'd best look into it further.

Take a look at www.ico.gov.uk - they've got good guides on there, but if that doesn't answer your questions, it's probably best to go find a solicitor who deals with DPA enquiries and ask them for advice.

BurtyB · 16th August 2007

At £35/yr its not bank breaking either.

ChrisB.

burble · 16th August 2007

Just wish the web forms were a bit easier to understand. I don't seem to fit into any of their templates, so reckon I need to make a custom one; some of the terms are self-explanatory, but a lot of them only make sense if you work for the ICO. And if you don't tick one of the boxes you need to tick, you might as well have not bothered, as you're breaking the rules of your entry on the DP register.

Am seriously considering paying a solicitor to do it for me. Actually, should probably just try ringing the ICO phone number first, they can probably talk me through it...