Protection of Employees (Employersâ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Protection of Employees (Employers’ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020.
(2) The 31st day of December 2020 at 11.00 p.m. is appointed as the day on which and the time at which these Regulations shall come into operation.
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paragraphs: In these Regulations, “Principal Act” means the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984).
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paragraphs: Where -
(a) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom,
(b) the employees concerned are employed or habitually employed in the State, and
(c) the Minister receives an application under sections 6 or 7 (or both) of the Principal Act that -
(i) relates to that employer or those employees, and
(ii) has been made by or on behalf of a relevant officer, actuary or a person performing a similar task,
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paragraphs: (1) In considering an application referred to in Regulation 3, the Minister shall, in accordance with these Regulations, consider whether the transfer of personal data or special categories of personal data to or from the relevant officer, actuary or a person performing a similar task is necessary for the carrying out of the Minister’s functions under the Principal Act.
(2) A reference in paragraph (1) to considering an application includes -
(a) processing personal data and special categories of personal data that are relevant to the application, and
(b) considering any documentation submitted with or connected to the application that is relevant to such personal data.
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paragraphs: In relation to an application referred to in Regulation 3, where the Minister considers that, for the purpose of carrying out of his or her functions under the Principal Act in respect of the application, he or she requires -
(a) personal data other than those provided as part of the application,
(b) special categories of personal data other than those provided as part of the application, or
(c) additional or further documentation relevant to such personal data or special categories of personal data,
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paragraphs: In making a request under Regulation 5, the Minister may -
(a) to the extent necessary for specifying or identifying the personal data, or special categories of personal data, to which the request relates,
(b) to the extent that the data is necessary for the carrying out of functions under the Principal Act, and
(c) having regard to the principle of data minimisation,
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paragraphs: Where a relevant officer, actuary or person performing a similar task provides the Minister with a response to a request under Regulation 5, the Minister shall process any personal data, special categories of personal data or documentation transferred as part of the response to the extent necessary to properly carry out his or her functions under the Principal Act.
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paragraphs: If, in the course of carrying out his or her functions under section 10 of the Principal Act, the Minister issues a statement of debt to a relevant officer, actuary or a person performing a similar task, all or any the following may be transferred as part of the statement of debt:
(a) the personal data of an employee to whom that debt relates, in whole or in part;
(b) special categories of personal data of an employee to whom that debt relates, in whole or in part,