Data Protection Act 2018

Amendment of Personal Insolvency Act 2012

221. The Personal Insolvency Act 2012 is amended—

(a) in section 2(1), by—

(i) the insertion of the following definition:

“ ‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201645 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);”,


(ii) the substitution of the following definition for the definition of “personal data”:

“ ‘personal data’ means personal data within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Data Protection Act 2018;”,

(b) by the deletion of section 21A, and

(c) by the substitution of the following section for section 186:

“Restriction of right of access to personal data in certain circumstances

186. Article 15 (Right of access) of the Data Protection Regulation, in so far as it relates to personal data (within the meaning of that Regulation) processed by the following persons or bodies, is restricted to the extent necessary and proportionate to enable the person or body to effectively perform his, her or its functions under this Act, in so far as those functions relate to the supervision of personal insolvency practitioners in accordance with section 176A or to carrying out an investigation under this Part:

(a) the Insolvency Service;

(b) an inspector appointed under section 176;

(c) an authorised officer appointed under section 176B;

(d) the Complaints Committee.”.

45 OJ No. L 119, 4.5.2016, p.1