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Transfer of personal data in relation to employers insolvent in United Kingdom
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107. The Act of 1984 is amended by the insertion of the following section after section 8:
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“8A. (1) Where—
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(a) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and
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(b) the employees concerned are employed or habitually employed in the State,
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the Minister may by regulations provide for the transfer of personal data (including special categories of personal data) of those employees, and documentation relevant to such personal data, to and from—
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(i) a relevant officer, or
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(ii) an actuary or a person performing a similar task,
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to the extent that such personal data or documentation, as the case may be, are necessary to the performance of the functions of a relevant officer, an actuary or a person performing a similar task, or otherwise for the performance of functions under this Act.
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(2) In making regulations under subsection (1), the Minister shall have regard to the important public interest of—
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(a) the protection of employees in the event of the insolvency of their employer,
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(b) ensuring a minimum degree of protection, in particular in order to guarantee payment of employees’ outstanding claims, and
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(c) the need for balanced economic and social development.
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(3) In this section—
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‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201621
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;
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‘personal data’ has the same meaning as it has in Article 4 of the General Data Protection Regulation;
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‘special categories of personal data’ means personal data referred to in Article 9(1) of the General Data Protection Regulation.”.
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21 OJ No. L 119, 4.5.2016, p.1 |
