Independent report

Privacy Notice: Independent Review of the Payment and Electronic Money Institution Insolvency Regulations 2021

Published 12 December 2024

This notice sets out how HM Treasury will use your personal data for the purposes of the Independent Review of the Payment and Electronic Money Institution Insolvency Regulations 2021 (the PESAR).  This notice also explains your relevant rights under the UK General Data Protection Regulation (UK GDPR). For the purpose of the UK GDPR, HM Treasury is the data controller for any personal data you provide.

Data Subjects

The personal information relates to those submitting evidence for the review as either a member of the public, parliamentarians, and representatives of organisations or companies.

Personal Data

We may collect the following personal data: your name, address, email address, job title, and employer, as well as your opinions. It is possible that you will volunteer additional identifying information about yourself or third parties.

How we use your personal data

Any personal information may be processed for the purpose of obtaining the opinions of members of the public and representatives of organisations and companies, about departmental policies, proposals, or generally to obtain public opinion data on an issue of public interest. Specifically, information submitted for the purposes of the PESAR review will help to inform the objectives of the review as set out in the terms of reference.

Our lawful basis for processing your personal data

The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in HM Treasury. For this review, the task is seeking evidence on departmental policies or proposals or obtaining opinion data in order to develop good effective government policies.

Special category data

Any of the categories of special category data such as your opinion, may be processed if such data is volunteered by the respondent.

Our lawful basis for processing special category data

Where special category data is volunteered by you (the data subject), the legal basis relied upon for processing it is: the processing is necessary for reasons of substantial public interest for the exercise of a function of the Crown, a Minister of the Crown, or a government department.

This function is seeking evidence on departmental policies or proposals, or obtaining opinion data, to develop good effective policies.

Who we share your responses with

Information provided in response to the review may be published or disclosed in accordance with the access to information regimes. These are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA) and the Environmental Information Regulations 2004 (EIR).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals with, amongst other things, obligations of confidence.

In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on HM Treasury.

Where someone submits special category personal data or personal data about third parties, we will endeavour to delete that data before publication takes place.

Where information about respondents is not published, it may be shared with officials within other public bodies, members of the PESAR Review and individuals directly involved in delivering the PESAR Review and to assist the development of policies to which it relates. Examples of public bodies appear at: https://www.gov.uk/government/organisations.

As the personal information is stored on our IT infrastructure, it will be accessible to our IT contractor, NTT. NTT will only process this data for our purposes and in fulfilment with the contractual obligations they have with us.

How long we will hold your personal data (Retention)

Personal information in responses to consultations will generally be published and therefore retained indefinitely as a historic record under the Public Records Act 1958.

Personal information in responses that is not published will be retained for three calendar years after the consultation has concluded.

Your Rights

• You have the right to request information about how your personal data are processed and to request a copy of that personal data.
• You have the right to request that any inaccuracies in your personal data are rectified without delay.
• You have the right to request that your personal data are erased if there is no longer a justification for them to be processed.
• You have the right, in certain circumstances (for example, where accuracy is contested), to request that the processing of your personal data is restricted.
• You have the right to object to the processing of your personal data where it is processed for direct marketing purposes.
• You have the right to data portability, which allows your data to be copied or transferred from one IT environment to another.

How to submit a Data Subject Access Request (DSAR)

To request access to personal data that HM Treasury holds about you, contact:

dsar@hmtreasury.gov.uk

Complaints

If you have any concerns about the use of your personal data, please contact the data protection team via this mailbox: privacy@hmtreasury.gov.uk.

If we are unable to address your concerns to your satisfaction, you can make a complaint to the Information Commissioner, the UK’s independent regulator for data protection. The Information Commissioner can be contacted at: casework@ico.org.uk or via this website: https://ico.org.uk/make-a-complaint.  

Contact Details

The data controller for any personal data collected as part of this consultation is HM Treasury, the contact details for which are:

HM Treasury
1 Horse Guards Road
London
SW1A 2HQ
London

020 7270 5000