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Receivers are Controllers - The Data Protection Commission releases guidance for Receivers on data protection considerations

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Ireland

The Data Protection Commission ("the DPC") has issued useful guidelines for receivers in the context of data protection.

Once a receiver is appointed, they will have access to borrowers' personal data such as the address of the property put into receivership and certain details concerning the borrowers.
 
The main points of the DPC's guidance are as follows:
  1. Receivers are controllers of personal data, as opposed to processors, as they decide how and why personal data is to be processed.
  2. The receiver's firm is usually a processor of the personal data on behalf of the receiver (as controller) but in certain circumstances the firm may be a joint controller with the receiver.
  3. When a receiver is appointed, they usually open a bank account to manage the income the receivership generates, which may contain the personal data of the borrower. The opening of a bank account generally falls under the "legitimate interest" legal basis for processing this data.
  4. In general, the receiver acting as a controller for the processing of personal data related to the effecting of an insurance policy, as part of the management of the receivership, may be based on the legal basis of legitimate interests.
  5. A receiver may have to pay Local Property Tax (LPT) over the property in receivership. The processing of personal data in paying LPT will be necessary in order for the receiver to comply with their legal obligations and a receiver can rely on this legal basis for processing personal data.
 
The DPC's guidance can assist receivers in how they manage the personal data they come across when they are carrying out their functions.
 
You can view the guidance note here.

Written by Noreen McGovern and Rosie Callan. 

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