August 2012
Ch: 81A Data Protection
This chapter provides advice and information about the rights of individuals and other third parties which are given by the Data Protection Act 1998. It also gives information on the procedures for dealing with requests made under the Act and flow charts to assist staff in responding to requests.
The Data Protection Act gives a general right for individuals to obtain copies of their own personal information (personal data) that The Insolvency Service holds. An individual is entitled (subject to certain exemptions) to be told what personal data is held, how it is being processed, the purpose of the processing and to whom the data has or may be disclosed. Any request for personal data contained within information requested under the Freedom of Information Act or the Environmental Information Regulations must be dealt with by reference the Data Protection Act.
Annex A provides and overview of dealing with a request and a flowchart to assist in cases where personal data is contained within any request.
The Freedom of Information Act 2000 (FOIA) gives a general right of access to any recorded information (except personal data) held by The Insolvency Service (subject to certain exemptions). The Act allows any person to obtain details of recorded information including: who we are and what we do; what we spend and how it is spent; what our priorities are and how we achieve them; how we make decisions; our policies and procedures; information we hold on lists and registers and the services we offer. Guidance on the Act is provided in chapter 81.
The Environmental Information Regulations 2004 (EIR) provide the right of access to environmental information held by The Insolvency Service. The Regulations allow any person to obtain details of recorded information including: policies, plans and agreements; reports and economic analysis/cost benefits; built structures; emissions and discharges, energy, radioactive waste, noise. It will also cover information on the state of human health and safety and the conditions of human life where they are affected by environmental factors such as acid rain, pollution etc. Guidance on the Regulations is provided in chapter 81.
The chapter is divided into parts as follows:
Part 1 – Data Protection and The Insolvency Service (paragraphs 81A.02 – 81A.28)
Part 2 – Subject access requests (paragraphs 81A.29 – 81A.34)
Part 3 – Other forms of request (paragraphs 81A.35 – 81A.39)
Part 4 – Handling personal data (paragraphs 81A.40 – 81A.50)
Part 5 – Limits and restrictions (paragraphs 81A.51 – 81A.59)
Part 6 – Exemptions to disclosure (paragraphs 81A.60 – 81A.75)
Annex A – Overview of process for dealing with requests and flowchart
Annex B – Glossary of data protection terms
Annex C - Contact details Gibraltar based online casinos
Annex D – Case analysis – the Landywood case
Annex E – Guide sheet for handling subject access request
Abbreviations used in this chapter
BIS – The Department for Business, Innovation and Skills
CBS – Corporate and Business Services
DPA – The Data Protection Act 1998
EIR – The Environmental Information Regulations 2004
Fees Regs – Freedom of Information (Fees and Appropriate Limit) Regulations 2004
FOIA – Freedom of Information Act 2000
IC – Information Commissioner
ICO – Information Commissioners Office
IES – Investigations and Enforcement Services
IRU – The Information Rights Unit (BIS)
The Service – The Insolvency Service
The Freedom of Information and Data Protection Liaison Officer for The Service is Richard Sibun.
The Freedom of Information and Data Protection Compliance Manager for The Service is Jim Digby.
[On to Part 1 - Data Protection Act and The Insolvency Service]