The following Restructuring & Insolvency guidance note Produced in partnership with Francesca Fellowes, Emma Garner and Helen Kavanagh of Squire Patton Boggs provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). This Practice Note is for background information only and is not maintained.
The Data Protection Act 1998 (DPA 1998) regulates the use of personal data.
Personal data is data that relates to a living individual who can be identified from that data, or from that data and other information, which is in the possession of, or is likely to come into the possession of, a data controller. It includes, but is not limited to, any expression of opinion about the individual and any indication of the intentions of a data controller or any other person in respect of the individual.
Examples of personal data which an insolvency practitioner dealing with the assets of an insolvent company may come across include employee records held by the insolvent company, customer lists, supplier contact information and individual creditor details.
In relation to insolvency practitioners’ own practice, personal data processed will include records relating to the directors of the companies in respect of which they are appointed, lists of debtors, list of creditors and the dividend distribution to the creditors.
The DPA 1998 is based around the following eight
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