Insolvencies
Introduction
In this section of our privacy statement on liquidations, the term “company” refers to the company, corporation or institution which is being liquidated, administered or restructured (referred to as a “Liquidation”).
Certain PwC partners or directors act as liquidators (“PwC liquidators”). When a company goes into Liquidation, one or more PwC liquidators may be appointed to manage the company’s affairs, business and property. To find out more about the roles of the company, the liquidators and PwC from a data protection perspective, why and how personal data is collected and used in connection with an Insolvency and individual’s rights and how to exercise them, please read the information provided below.
Dedicated websites are created to provide specific information about larger Liquidations and, where that is the case, you should refer to the relevant website for further information about that Liquidation.
Roles of the company, the liquidators and PwC and sharing of personal data
Data protection law contains the concepts of controllers and processors:
- A controller is an individual or legal person who decides how and why personal data is processed. A controller is in control and is responsible for the collection, keeping and use of personal data.
- A processor is an individual or legal person (other than an employee of a controller) which processes personal data on behalf of a controller.
The controller for personal data processed by the company prior to the Liquidation was the company.
Where PwC liquidators are appointed:
- they act in the capacity of agents of the company in fulfilling the role of managing the company’s affairs, business and property and so the company continues to be the controller for personal data collected and processed in this context; and
- they act as separate controllers where they process personal data to comply with their own legal and regulatory requirements as liquidators.
Where PwC liquidators or the company engages PwC to provide services in relation to a Liquidation, PwC may act as a data processor on behalf of the PwC liquidators or the company as appropriate. Other processors may be used for specific purposes. Further details about the processors (such as IT service providers) used by the PwC liquidators and PwC and locations of processing are provided here.
Collection of Personal Data
The PwC liquidators collect and process personal data for the purposes of complying with their legal obligations as liquidators and for the legitimate interests of the Liquidation and so consent from individuals for this processing is not required.
The nature and amount of personal data the company has about an individual will depend on the type of company, the nature of its affairs (e.g. industry/sector) and an individual’s relationship with the company.
Typical personal data processed by the company may involve employees, officers or directors of the company and would include name and contact details, role/position/title and area of responsibility, certain identifying information (e.g. passport photo, etc) as required by laws and regulations, information about pay and performance.
If you have dealt with the company in an individual capacity (e.g. as a customer or a client) then the company is likely to hold information about your interactions with the company (such as purchases and correspondence).
Use of personal data
The company and the PwC liquidators process personal data for the purposes of complying with the following legal obligations and/or legitimate interests:
- the provision of references or reports to financial institutions, regulatory authorities, appropriate bodies in connection with the holding of public office;
- analysis for management purposes and statutory returns;
- the provision of business services including the realisation of assets, agreement of claims and the payment of dividends.
- the reasonable and lawful provision of information to interested parties;
- the calculation and analysis of payroll, billing, credit control and other data relating to the company’s finances and the transfer of such data for use by financial personnel and other appropriate independent third parties;
- maintaining security of the company, any personnel and data;
- the prevention and detection of crime or fraud;
- quality and risk management purposes;
- compliance with any request from regulatory authorities or other relevant public authorities or agencies;
- legal proceedings (including prospective legal proceedings);
- obtaining legal advice;
- establishing, exercising or defending legal rights;
- compliance with certain legal obligations to which the company may be subject;
- processing for personal purposes of employees in accordance with the law and the company’s policies and rules.
The PwC liquidators may collate, process and disseminate statistics based on an aggregation of data held by them or the company provided that any individual is not identifiable from the resulting analysis and the collation, processing and dissemination of such information is permitted by law.
Data retention
The PwC liquidators will delete personal data once it is no longer required for the purposes of the Liquidation and the relevant statutory retention periods have passed.
The relevant PwC liquidators retain data collected as a consequence of their legal and statutory obligations for 10 years after the discharge of their appointment in the Liquidation.
Individuals’ rights
Individuals have certain rights over their personal data and controllers are responsible for fulfilling these rights. Individual’s rights may include the right of access to personal data, to rectification of personal data, to erasure of personal data / right to be forgotten, to restrict processing of personal data, to object to processing of personal data, to data portability, the right to withdraw consent at any time (where processing is based on consent) and the right to lodge a complaint with a supervisory authority (further information about when these rights are available is provided here).
You may exercise your rights by making a written request to the relevant controller (the company or the PwC liquidators) using the contact details provided in communications about the Liquidation. The request should contain sufficient information to verify your identity and provide sufficient information to locate the data that about which you are exercising your right.
