Information processed using GDPR for Bankruptcy Restriction Investigations: FOI release

Information requested

1. Having applied a blanket exemption for all BRIs under Schedule 2(5)(b) of the DPA 1998 and sections 28, 30 and 32 of the Data Protection Directive 95/46/EC, superseded by the DPA 2018 and the General Data Protection Regulation (GDPR) 2018, please confirm where on your website it refers to such a policy and which internal documents contain DP guidance relating to these exemptions, aimed specifically at the Bankruptcy Restrictions Team. In other words, how would they know exemptions applied to a data subject's personal information viz a viz a Bankruptcy Restriction Investigation, how is this information communicated to them and is it public domain? In support of this question, I refer to the AiB's SOP for Bankruptcy Restrictions and Undertakings (Issue 1 : March 2009), which makes no reference of any kind to DP exemptionsfor BRIs.

2. Please provide a copy of the standard correspondence sent to all "individuals" informing them that their consent to access and use their personal information for an upcoming BRI is not required.

3. Of the 300 or so Bankruptcy Restrictions Orders imposed on discharged debtors since April 2008 by the AiB and the courts, how many were made aware that DP exemptions applied to the use of their personal information during a Bankruptcy Restriction Investigation?

4. In relation to the Data Protection Directive 95/46/EC section 32 and GDPR 2018, please confirm, in plain english, the exemptions which the AiB relied upon to access and use an individual'spersonal information for a Bankruptcy Restriction Investigation without requiring their consent, on what lawful basis were these exemptions applied and which specific DP provisions are the AiB attempting to restrict?

5. By applying these exemptions, what adverse implications were / are the AiB trying to avoid?

6. Schedule 2(5)(b) of the DPA 1998 & 2018 states, "The processing is necessary for the exercise of any functions conferred on any person or under any enactment", therefore, please confirm, in plain english, the exemptions which the AiB relied upon when processing an individual's personal information for a Bankruptcy Restriction Investigation without their consent, on what lawful basis were these exemptions applied and which specific DP provisions are the AiB attempting to restrict?

7. By applying these exemptions, what adverse implications were / are the AiB trying to avoid?

8. From October 2013 onwards, please define the mandatory acceptance criteria required to initiate a Bankruptcy Restriction Investigation prior to the completion of a "Public Interest Test" and what are the minimum, mandatory evidence thresholds required for each allegation under section 56B of the Bankruptcy (Scotland) Act 1985 & 2016, in other words, what form of personal information processing has to take place during a Bankruptcy Restriction Investigation in order to validate the pursuit of a BRO / BRU?

9. Is the information outlined in Question 8 held as a public record and, if so, is it accessible, please advise?

Response

I am able to provide some of the information you requested as follows:

1.The Accountant in Bankruptcy (AiB) has not applied a blanket exemption for Bankruptcy Restriction Investigations. The sections of the Data Protection Act 1998 that have been provided are the lawful basis AiB uses for processing personal information to undertake the statutory duties imposed by the Bankruptcy (Scotland) Act 1985 and Bankruptcy (Scotland) Act 2016. Exemptions arecontained within sections 27 to 39 of the 1998 Act and relate to releasing information to a data subject, not the processing of the information.

2 and 3. AiB are not required to issue correspondence of this type. Our Privacy Policy is available on our website at Accountant in Bankruptcy - Scotland's Insolvency Service - Privacy and data protection (aib.gov.uk).

4. to 7. Please see the response at question 1.

8. There are no set mandatory acceptance criteria or minimum mandatory evidence thresholds required to initiate a Bankruptcy Restrictions Investigation each case is assessed on an individual
basis.

9. AiB has published guidance for trustees regarding Bankruptcy Restriction Orders which can be found on our website at Accountant in Bankruptcy - Scotland's Insolvency Service (aib.gov.uk), Section 16.

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