Why does the Officeholder need to process personal information?
As explained in this notice, there are various ways in which Officeholders must process personal data to fulfil their role as Officeholder. Officeholders will only handle personal data for the purposes of discharging their duties in respect of an insolvent estate. Duties are discharged in accordance with the relevant insolvency legislation.
How does the Officeholder collect personal data?
Prior to appointment the Officeholder may collect personal information about individuals and directors of companies that they may be appointed to. This information is generally obtained via publicly available databases. This information is obtained as part of client acceptance procedures.
On appointment the Officeholder is required to take possession of the entity’s books and records from the entity directly. When an Officeholder is appointed over an entity, the entity has already determined what personal information it collects, what is the lawful basis for processing that information, whether they share it with third parties and how they store and destroy it.
Officeholders will only retain the books and records that are required for them to discharge their obligations under legislation.
During the process of carrying out their duties the Officeholder will collect further personal information, there are various ways in which the Officeholder will collect information from the people they deal with:
- Email and written correspondence.
- Telephone discussions.
- Most of the data will be received directly from individuals such as creditors and employees when they make claims relating to money they are due from the entity.
In almost all instances, it will be obvious that the Officeholder is collecting this data.
Officeholders will also process information from the pre appointment books and records to enable them to carry out their duties under legislation. For example, this may be via the continuation of trade, and realising assets.
What personal information do Officeholders collect?
The personal information most commonly collected in insolvency procedures is as follows:
- Contact details (including home and business addresses, email address, telephone number).
- Date of birth.
- Employment details (including current and previous employers).
- Information regarding investigation and disciplinary processes.
- Copies of physical and electronic correspondence.
- Financial information
Officeholders may also collect sensitive personal data such as trade union membership.
What is the lawful basis for the Officeholders’ processing activities?
Officeholders will only process personal information where the Officeholder believes there is a lawful basis to do so. The basis for processing will vary from activity to activity. In some instances, processing may have more than one lawful basis.
The lawful basis is that holding and processing of data is required to enable Officeholders to discharge their duties under the Insolvency Acts and other legislation. The personal data is only held and processed for the purpose of administering the insolvent estate and complying with legal and regulatory obligations.
Do the Officeholders share personal data with third parties?
In the discharge of their duties, Officeholders may need to share data with third parties. Third parties will include Henderson Loggie and other professional advisors. Where a business is being sold by the Officeholder there may be information shared with interested parties and purchasers. Whenever Officeholders share personal data, all reasonable steps are taken to ensure it will be handled appropriately and securely by the third party. Some of the types of third parties we share data with are:
- Government departments (for example The Accountant in Bankruptcy and The Insolvency Service).
- Providers of professional services such as lawyers and agents.
How long do Officeholders retain personal information?
Officeholders retain information for the duration of the insolvency appointment. The periods for which personal information is retained after the appointment ends depends on the purpose for which the information was obtained and is determined in accordance with our regulatory obligations and good practice.
How do Officeholders store personal information?
All data is processed by staff in the UK and held on servers located in the UK.
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Your rights where Officeholders are processing your information
The law in the UK gives certain rights to individuals whose information is being processed by a third party. The following is a short summary of these rights:
- Access to your information – you have the right to request a copy of the personal information about you that is held.
- Correcting your information – the Officeholder wants to make sure that your personal information is accurate, complete, and up to date, and so you may ask any personal information about you be updated.
- Deletion of your information – you have the right to ask us to delete personal information about you. However, as noted above, the Officeholder is required to hold and process the personal data in order to discharge duties under the insolvency act. Please contact us in any of the ways set out in the ‘contact information and further advice’ section if you wish to exercise any of these rights.
Changes to this privacy notice
This notice is kept under regular review and any updates will be placed on this website. Paper copies of the privacy notice may also be obtained by emailing our Data Protection Officer at DPO@hlca.co.uk or in writing to our office at Vision Building, 20 Greenmarket, Dundee DD1 4QB, United Kingdom
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