Consents received from individuals for bankruptcy restriction (BRI) investigations: FOI release

Information requested

1. Covering the period 15th October 2013 to 25th November 2013, how many valid consents were obtained from data subjects (debtors) and formally recorded by the AiB in relation to the lawful processing of their personal information for a "live" bankruptcy restriction investigation (BRI), as per the Data Protection Act 1998 and Data Protection Directive 95/46/EC?

2. Covering the period 26th November 2013 to the present day, how many valid consents have been obtained from data subjects (debtors) and formally recorded by the AiB in relation to the lawful processing of their personal information for a "live" bankruptcy restriction investigation (BRI), as per the Data Protection Act 1998 and Data Protection Directive 95/46/EC?

3. Covering the period 15th October 2013 to 25th November 2013, how many data subjects (debtors) were formally approached by the AiB with a view to securing their valid consent to the lawful processing of their personal information for a "live" bankruptcy restriction investigation (BRI), as per the Data Protection Act 1998 and Data Protection Directive 95/46/EC and how many data subjects (debtors) refused to give their consent to the AiB?

4. Covering the period 26th November 2013 to the present day, how many data subjects (debtors) have been formally approached by the AiB with a view to securing their valid consent to the lawful processing of their personal information for a "live" bankruptcy restriction investigation (BRI), as per the Data Protection Act 1998 and Data Protection Directive 95/46/EC and how many data subjects (debtors) refused to give their consent to the AiB?

Response

1. Nil

2. Nil

3. Nil

4. Nil

The Accountant in Bankruptcy is not required to obtain the consent of the individuals as the information for a Bankruptcy Restriction Investigation was processed under Schedule 2 (5)(b) of the Data Protection Act 1998 and sections 28, 30 and 32 of Data Protection Directive 95/46/EC. These have been superseded by The Data Protection Act 2018 and the Regulation (EU) 2016/679 (General Data Protection Regulation), which came in to force on 25 May 2018. After this date consent is also not required as the information is processed under Article 6 (1)(c) and (e).

Information on how AiB process personal information can be found on our website at Accountant in Bankruptcy - Scotland's Insolvency Service - Privacy and data protection (aib.gov.uk).

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