Dáil debates

Wednesday, 17 July 2013

Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Committee and Remaining Stages

 

12:45 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 11:

In page 35, between lines 10 and 11, to insert the following:

"New section 21A in Act of 2012

43. The following section is inserted after section 21 of the Act of 2012:

"Retention of information by Insolvency Service

21A. Notwithstanding the Data Protection Act 1988, the Insolvency Service

shall retain such information or data obtained by it under this Act as is

necessary for the performance of its functions under this Act.".".
This amendment provides for a new section 21A in the Personal Insolvency Act 2012 regarding retention of information by the insolvency service to the effect that, notwithstanding the Data Protection Act 1988, the insolvency service shall retain such information or data obtained by it under this Act as is necessary for the performance of its functions. The information that may be publicly inspected in the relevant registers concerning the various debt resolution processes is removed three months after the completion of those processes. However, the Personal Insolvency Act 2012 does not permit repeat applications for each process. Thus, the insolvency service must be in a position to detect such applications. This new provision will remove any doubt that they have the power to retain the relevant debtor information for that purpose.

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