The Data Protection Commission has issued guidance on data protection considerations relating to receiverships.
As the receiver, on appointment, will have the name of the relevant borrower as well as the address of the property in receivership, both of which constitute personal data, he or she will have a wide range of data protection obligations. The guidance notes that the receiver is a data controller, in that he or she exercises control over the processing of the personal data, by determining why and how it is processed.
The guidance note deals specifically with the following issues:
- the receiver’s firm is usually a data processor on behalf of the receiver as controller;
- the legal basis for processing personal data in opening a bank account during the receivership;
- the legal basis for processing personal data in effecting a policy of insurance during the receivership process; and
- the legal basis for processing personal data in the payment of Local Property Tax.
The guidance note can be viewed here.