TWO East Lancashire Councils have been accused of unlawfully processing personal details after a data protection mix-up.
Hyndburn Borough Council and Ribble Valley Borough Council both failed to renew registrations with the Information Commissioner’s Office (ICO) register of data controllers.
Any organisation using personal information about the public must be registered.
It means both councils have committed a criminal offence – and they were only made aware of the lapse when the Lancashire Telegraph informed them this week.
The error means that technically, departments such as council tax, benefits, planning, and housing, should have stopped until the registration was renewed.
A spokesman for Hynd-burn council said: “Due to an administrative oversight on our part the council’s registration as a data controller under the Data Protection Act 1998 had lapsed.
"We have taken immediate action to rectify the position and have re-registered with the Information Commission with effect from today.
“We are obviously very sorry this has happened.
“However, we are satisfied that we have sound procedures for handling personal data about our customers, and that the lapse in registration has not prejudiced anyone in any way.
“We have put in place procedures to ensure this doesn’t happen again.”
A spokesman for Ribble Valley council said: “The authority is fully registered for data protection with the ICO, but our recent renewal notice showed an increase in the cost of our registration from £75 to £1,000 per year.
“Understandably, we questioned this significant increase, but following discussions with the ICO we will be paying the invoice.”
A spokesman from the ICO confirmed councils face prosecution if they do not renew and could be fined in court.
She said: “Under the Data Protection Act organisations that process personal information have a statutory requirement to notify the ICO that they are a data controller.
“Failure to do so is a criminal offence.”
Neil Herron, spokesman for ‘unofficial parking watchdog’ the Motorists Legal Challenge Fund, said: “It’s refreshing to see a full and frank admis-sion.
"However, the consequences will be for others to decide, including the public.
"Their data, including parking tickets, has been processed illegally.”
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