Southern Pacific Personal Loans Ltd, Re [2013] EWHC 2485 (Ch) (08 August 2013)

Southern Pacific Personal Loans Ltd, Re [2013] EWHC 2485 (Ch) (08 August 2013)

The joint liquidators are not data controllers under the Data Protection Act 1998 in respect of data processed by the company prior to liquidation, as they act as agents of the company, which remains the data controller. The company, acting by its liquidators, may dispose of personal data relating to redeemed loans in a manner compliant with the DPA, subject to retaining data necessary for responding to DSARs received before disposal and for dealing with any claims in the liquidation.

Citation
[2013] EWHC 2485 (Ch)
Parties
Applicant: Ian Christopher Oakley Smith; Applicant: Julian Guy Parr; Interested Party: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
08 August 2013
Procedural Posture
Application Under Insolvency Act 1986, S.112(1) / Judgment on Application for Determination of Questions and Directions
Outcome
Application granted in part; declaration and direction made
Legal Topics
Data Controller Status of Liquidators, Data Protection Act 1998 Compliance in Liquidation, Disposal of Personal Data in Insolvency, Duties of Liquidators Regarding Personal Data
Insolvency Law Data Protection Law Company Law Data Controller Status of Liquidators Data Protection Act 1998 Compliance in Liquidation Disposal of Personal Data in Insolvency Duties of Liquidators Regarding Personal Data

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Parties

Ian Christopher Oakley Smith

Applicant

Julian Guy Parr

Applicant

The Information Commissioner

Interested Party

Procedural Posture

Application Under Insolvency Act 1986, S.112(1) / Judgment on Application for Determination of Questions and Directions

Legal Issues

  1. 1 Whether joint liquidators are 'data controllers' under the Data Protection Act 1998 in respect of data processed by the company prior to liquidation
  2. 2 Whether liquidators may refuse to comply with data subject access requests (DSARs) under section 7 of the DPA
  3. 3 Whether liquidators may dispose of all personal data in their control in their capacity as liquidators

Ratio Decidendi

The joint liquidators are not data controllers under the Data Protection Act 1998 in respect of data processed by the company prior to liquidation, as they act as agents of the company, which remains the data controller. The company, acting by its liquidators, may dispose of personal data relating to redeemed loans in a manner compliant with the DPA, subject to retaining data necessary for responding to DSARs received before disposal and for dealing with any claims in the liquidation.

Court Disposition

Application granted in part; declaration and direction made

Orders

  • Declaration that the joint liquidators are not data controllers under the DPA for data processed by or on behalf of the company in respect of redeemed loans.
  • Direction that the company, acting by its liquidators, may dispose of such data in a manner consistent with the DPA, subject to retaining data necessary for responding to DSARs received before disposal and for dealing with any claims in the liquidation.