I, Claire Foster am a licenced Insolvency Practitioner, and in some circumstances, I will act as Data Controller when acting as an Insolvency Practitioner in accordance with Section 388 of the Insolvency Act 1986.
What information is collected?
Personal data may be collected that will be used to identify who you are. This could be collected from you or a third party and may include: –
- Name, address, date of birth
- Contact details such as telephone numbers and email address
- National Insurance number
- Occupation details
- Identification documents such as copies of passports or driving licences
- Financial records
- Medical records (only if absolutely necessary)
- Details of employee claims
- Education and employment details
- Details of Assets and Liabilities
- Details of alleged offenses
- Criminal proceedings, outcomes and sentencing
As an Insolvency Practitioner I will also collect and use information relating to the companies that I deal with such as financial records and information, records of company data, records of employees, records relating to directors and creditor claims.
I will only collect necessary date to meet my Statutory and Regulatory obligations as an Insolvency Practitioner. This information will be kept confidential and secure. It will only be used to carry out my duties required on cases.
Special Category Data
On rare occasions it may be appropriate for me to process special category data. Special categories of personal data include information about an individual’s: –
- Ethnic origin
- Trade Union membership
- A person’ sex life or sexual orientation
I do not envisage that this data would be needed to carry out my duties as an Insolvency Practitioner. However, if it is required, it will only be processed if I have: –
- Your explicit consent to do so
- It was necessary in order to protect your vital interest and you were unable to give your consent
- There is a substantial public interest to keep this data
- There is another legal basis that would allow me to do so
Sharing your information
Your information may be shared with professionals who are acting on my behalf such as Solicitors, Barristers, Accountants, Expert Advisers, Banks, Estate Agents, Insurance Companies or any other third party who is instructed. Only data which is relevant will be shared with such professionals and I regard this as Lawful Processing. All third parties will keep your personal information confidential and only use it for specific purposes in accordance with my instructions.
I may also share personal data if I am under an obligation to do so. Examples of such obligations would be to provide information to the Police, National Crime Agency, Serious Fraud Office or other regulators where reporting or processing activities are necessary.
If it is applicable, I may also share other personal data which you may have made public for purposes of communicating with you. I regard such data as lawful processing as it is held publicly and is accessible by the public. I will not use, share or transfer information that you will provide to me unless it is necessary to perform my duties.
How long do we hold your information?
Data will be retained for as long as any regulatory requirement requires me to do so. This would typically be up to 6 years after the completion of an insolvency case.
How secure is my data?
Your data will be held electronically at a secure server located in the United Kingdom. There are several layers of security in place and back up procedures including hardware firewalls to prevent unauthorised access, anti-virus software and password protection. When the data is no longer required to be kept for regulatory obligations the electronic data will be deleted permanently. If data is held on paper format this is saved in a secure compound and is confidentially shredded when no longer necessary.
What are your rights?
You have the right to request for your personal data to be amended or rectified where it is inaccurate. You also have the right to access the personal information I hold about you. This includes the3 following: –
- Right to be informed – on who will, how and why your data will be processed
- Right to access – obtaining confirmation of the data being processed and provide access to this
- Right of rectification – correcting inaccurate data without delay
- Right to erasure – if the data is no longer necessary, consent has been withdrawn, objections are received, it is unlawful, there is another legal obligation or if the data relates to consent with regards to a child.
- Right to restriction of processing – to halt processing and ask for permission for any subsequent use of the data
- Right to data portability
- Right to object – to the use of your data for direct marketing
- Automated individual decision-making, including profiling – objecting to your data being subject of automation
I hope you would never need to, but in the event that you do wish to complain about our use of personal data, please send an email with details of your complaint to email@example.com, upon receipt of which I will look into any complaints received. Alternatively, you can put your complaint in writing and send this to:
Revive Business Recovery Limited
7 Jetstream Drive
You also have the right to complain to the Information Commissioner’s Office if your complaint has not been dealt with by Claire Foster. The Information Commissioner’s Office can be contacted at the following address: –
Information Commissioner’s Office
The ICO helpline number is: – 0303 123 1113
Further information about this can be found on their Website https;//ico.org.uk