Insolvency practitioners' privacy policies

This privacy notice applies to the Insolvency Practitioner Declan McDonald ("I", "me" or "my") in my professional capacity, with offices at PwC, One Spencer Dock, North Wall Quay, Dublin 1, Ireland ('PwC Ireland').

As an Insolvency Practitioner, I am committed to protecting the confidentiality and privacy of information entrusted to me, and I comply with Applicable Data Protection Law.

In my capacity as an Insolvency Practitioner, I am a Data Controller in accordance with Applicable Data Protection Law. As a consequence therefore, I have the authority to determine the purpose and means of the processing of Personal Data during the course of my appointment as a liquidator, examiner, or corporate receiver and manager in accordance with all applicable laws and legislation. Although I am a partner at PwC Ireland; in my capacity as an Insolvency Practitioner, I have appointed PwC as my Data Processor. Where PwC processes Personal Data in the course of an appointment, it does so as a Data Processor only.

I am committed to the appropriate protection and use of Personal Data that is processed during the course of my work.

This Privacy Notice explains how I collect, use, share and protect the Personal Data that I have obtained. It also sets out your rights and who you can contact for more information or queries.

1. How I collect Personal Data

During the course of my work, I may obtain information (which may include Personal Data) about you, for example:

• where you or your employer engages me to provide services, such as, the delivery of a restructuring solution through a formal insolvency process, and also during the provision of those services;
• from the company, which I collect in order to comply with statutory and regulatory obligations, such as the adjudication on claims, the collection of book debts, or the investigation of possible offences;
• where you have been identified by the company in an insolvency process as a potential stakeholder in insolvency proceedings, such as an employee, a supplier, a customer, a potential purchaser, a shareholder or an investor;
• when you contact me or my team by email, telephone or post for example when you have a query, or are providing details of any claim or any information that you may have in relation to an insolvency engagement;
• from third parties, such as your employer, Government bodies, the Companies Registration Office in Ireland and/or publicly available resources.

2. The type of Personal Data I collect

The Personal Data that I may process includes:

• your name, gender, age and date of birth;
• your contact information, such as, your postal address, email address, phone number and mobile number;
• your country of residence;
• your family circumstances, including marital status and dependants;
• your employment and education details;
• personnel files if you are or were an employee of the company in insolvency;
• your personal public service number in Ireland or national insurance number in the UK, passport number, driver's licence;
• financial and tax-related information, such as bank account, credit and investment information, loan facilities and tax residency;
• your IP address, your browser type and language, your access times where you access the PwC website; and
• complaint details, where you make a complaint to me or lodge a complaint with the Data Protection Commission.

The Personal Data I collect may also include 'special categories' of Personal Data, such as details about your:

• health, where I collect employment details relating to health of employee of insolvent company, and
• sexual orientation, where you provide me with details of your spouse or partner.

If you do not provide certain Personal Data when requested, such as your contact details, or confirmation of the amount of your claim, it may impact on your right to participate in a dividend distribution.

If you provide me with Personal Data relating to other people, such as your spouse, dependants, joint account holder or beneficiary, by providing such Personal Data you confirm that you: (a) have informed the person about the content of this Privacy Statement; and (b) have obtained any legally required consent from that person to the sharing of their Personal Data in this manner or otherwise are permitted to give me their information.

3. Situations in which I will use your Personal Data

I use your Personal Data to provide restructuring services and for other activities that form part of the operation of the restructuring services. By way of example, some of the situations in which I may process your Personal Data are listed below:

• I may process your Personal Data in the performance of my legal and regulatory obligations under insolvency legislation and companies legislation. In the course of this work, it may be necessary to contact you to request information (which may include Personal Data) for one of the following purposes:
  • to assist my enquiries and investigations;
  • to submit details of your claim to enable you to take part in a dividend distribution or to vote in a decision procedure;
  • to prepare statutory documents;
  • to adjudicate claims for dividend purposes;
  • to progress creditor claims for retention of title;
  • to collect rents when carrying out duties as a fixed asset receiver; and
  • to liaise with tax authorities.
• I may also process your Personal Data;
  • for administrative, financial accounting, invoicing and risk analysis purposes;
  • in compliance with applicable legal, regulatory or professional obligations; and
  • to protect our rights and those of entities under an insolvency process.

4. Legal bases for processing of your Personal Data

I rely on one or more of the following lawful grounds for processing your Personal Data in the course of providing restructuring services and related activities:

• the processing is necessary for compliance with a legal obligation I have under insolvency legislation or companies legislation or other legal obligations, for example, record retention for tax purposes or providing information to a public body or law enforcement agency; or
• the processing is necessary for the purposes of a legitimate interest pursued by me in properly and effectively carrying out my duties in the course of providing the restructuring services; for example to prevent and detect fraud; to manage and pursue my business interests; and handle complaints.

In limited circumstances, it may be necessary to process special categories of your Personal Data, for one of the purposes outlined in section 4, and I will do so on the following bases;

• you have given your explicit consent;
• I am required to do so to comply with one or more legal obligations, such as anti-money laundering obligations;
• I am required to do so to carry out obligations under employment, social security or social protection law;
• it is necessary for the establishment, exercise or defence of legal claims; or
• you have made the data manifestly public.

While you have the right to withdraw your consent to processing or object to processing, it may still be lawful to continue processing if another legal basis is still applicable.

5. Sharing your Personal Data

I may share your Personal Data with third parties where I have a legal basis in doing so. I may share information (which may include Personal Data) about you with the following recipients, or categories of recipients:

• members of the PwC network of firms;
• individuals, such as your spouse or civil partner, or entities, where you have requested me to share your Personal Data;
• competent authorities, such as courts or Government bodies, in compliance with legal or regulatory obligations or requests;
• charge holders;
• service providers handling your information (which may include Personal Data) on my behalf;
• third parties, where necessary, in the course of the sale of property or a trading business;
• third parties to whom I disclose information (which may include Personal Data) in the course of providing restructuring services for one or more of the purposes outlined in section 3 above.

Where the above recipients of your Personal Data are based in countries or regions without data protection rules similar to those in effect in the European Economic Region (EEA), adequate safeguards will be put in place to protect your Personal Data. Such safeguards may include a data transfer agreement which provides for the lawful transfer of personal data outside the EEA. These may be accessed by contacting me at the address provided in section 7.

6. Data security, storage and retention

Through PwC, I have put in place appropriate technical and organisational security policies and procedures to protect your Personal Data from loss, misuse, alteration or destruction.

Additionally, I aim to ensure that access to your Personal Data is limited to those who need to access it. Those individuals who have access to your Personal Data are required to maintain its confidentiality.

Your Personal Data is protected by strict security procedures and security features which work to prevent unauthorised access. I will retain Personal Data about you only for so long as it is needed in accordance with the purposes for which it was collected or until I am requested to delete it (if earlier).

7. Your rights

You have various rights in relation to your Personal Data, some of which apply only is specific circumstances. In particular, you have a right to:

• obtain confirmation that I am processing your Personal Data and request a copy of the Personal Data I hold about you;
• be informed about the processing of your Personal Data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third-party sources from where it was obtained);
• ask that I update the Personal Data I hold about you, or correct such Personal Data that you think is incorrect or incomplete;
• ask that I delete Personal Data that I hold about you, or restrict the way in which I use such Personal Data;
• withdraw consent to my processing of your Personal Data (to the extent such processing is based on previously obtained consent);
• receive a copy of the Personal Data concerning you, which you have provided to me, in a structured, commonly used and machine-readable format and to transmit such Personal Data to another party (to the extent the processing is based on consent or a contract);
• object to my processing of your Personal Data.

I will endeavour to respond to requests within a reasonable period and in any event within 30 days in compliance with Applicable Data Protection Law. I will comply with my legal obligations as regards your rights as a data subject.

I aim to ensure that the Personal Data I hold about you is accurate at all times. To assist me and my team in ensuring that your Personal Data is up to date, please notify me if any of your personal details change using the contact details below.

If you wish to exercise any of the rights relating to your Personal Data set out above, or if you have any questions or comments about privacy issues, you can contact me by:

• writing to the Insolvency Practitioner Declan McDonald, One Spencer Dock, North Wall Quay, Dublin 1;
• or sending an email

8. Right of complaint

You have the right to lodge a complaint with the Data Protection Commission, or your local supervisory authority, where you have concerns about my use of your Personal Data. Further details about this right are available at dataprotection.ie.

9. Changes to this policy

I keep this privacy notice under regular review and may modify or amend it from time to time at my discretion. If I make changes, I will record the date of the amendments or modification in the privacy notice. The revised privacy notice will apply to you and your Personal Data from that date. I would encourage you to review this privacy notice periodically to check if there are any changes in how your Personal Data is being treated. This privacy notice was last updated on 30 July 2020.

10. Definitions

Applicable Data Protection Law means the General Data Protection Regulation (2016/679) ("GDPR"), and any applicable Irish laws adopted under the GDPR or otherwise relating to privacy and data protection in Ireland.

Data Controller means a 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.

Data Processor means a person (other than an employee of a data controller) who processes personal data on behalf of a data controller.

Insolvency Practitioner means an insolvency practitioner over liquidations, examinerships and corporate receiverships.

Personal Data means any information that relates to an identified or identifiable living individual.

Restructuring Services means a formal insolvency process such as Liquidation, Receivership or Examinership.

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