Southern Pacific Personal Loans Ltd, Re

Southern Pacific Personal Loans Ltd, Re

Joint liquidators are not data controllers under section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to liquidation; they act as agents of the company, which remains the data controller. Liquidators may dispose of personal data no longer required for business or liquidation purposes, subject to retaining data for DSARs received before disposal and for any claims in liquidation.

Parties
Applicant: Ian Christopher Oakley Smith; Applicant: Julian Guy Parr; Company: Southern Pacific Personal Loans Limited; Interested Party: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
08 August 2013
Procedural Posture
Application Under Section 112(1) of the Insolvency Act 1986 / Judgment
Outcome
declaration and direction
Legal Topics
Liquidator Duties, Data Controller Status, Personal Data Disposal, DSAR Compliance
Insolvency Data Protection Liquidator Duties Data Controller Status Personal Data Disposal DSAR Compliance

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Parties

Ian Christopher Oakley Smith

Applicant

Julian Guy Parr

Applicant

Southern Pacific Personal Loans Limited

Company

The Information Commissioner

Interested Party

Procedural Posture

Application Under Section 112(1) of the Insolvency Act 1986 / Judgment

Legal Issues

  1. 1 Are joint liquidators 'data controllers' under section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to liquidation?
  2. 2 May liquidators refuse to comply with DSARs under section 7(1) of the DPA?
  3. 3 May liquidators dispose of all personal data in their control as liquidators?

Ratio Decidendi

Joint liquidators are not data controllers under section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to liquidation; they act as agents of the company, which remains the data controller. Liquidators may dispose of personal data no longer required for business or liquidation purposes, subject to retaining data for DSARs received before disposal and for any claims in liquidation.

Court Disposition

declaration and direction

Orders

  • Declaration that joint liquidators are not data controllers for the purposes of the DPA as regards 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 for DSARs received before disposal and for any claims in liquidation.