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Scottish Trust Deed Forum
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Topic starter
29/03/2018 8:23 pm
In May the Data Protection Act is strengthened to the General Data Protection Act (GDPR). One of the key requirements (Principal 5) is that personal data should only be held "as long as it is necessary".
Could we see a challenge that Trustees and creditors holding individual data indefinitely, as appears to be current practice, just in case there is a future claim be made illegal and fair retention periods put in place?
As an individual discharged from a TD would the courts consider it fair that even after that TD has fallped off the AiB website and credit file it is still being held and used?
Obviously there will be no judgements yet but does anyone think it will come?
jockdock
29/03/2018 11:26 pm
Hi jockdock.
Millions of issues wrapped up in this question!
Under GDPR firms and organisations (of all types) get to set their own standards then need to be prepared to justify them. The new rules aren’t prescriptive in terms of timelines.
The fact that, for a period of time, a claim might occur may lead a data processor to conclude that they have a legitimate interest in retaining that data. “Legitimate Interest” is one of the legal grounds for processing information under GDPR.
I suspect in practical terms not much will change. Having said that, I don’t think firms could justify holding such data indefinitely under the current rules anyway.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
07/05/2018 2:32 pm
I am sure GDPR will be the next big topic to be discussed on the forum.
A trustee is legally required to hold information for a period of time outlined in different sets of legislation. For example, a trustee is bound by regulations that states that the trustee should be able to document decisions for a period of time after the case has concluded particularly in difficult and complex matters.
I agree with TDA, firms could not justify holding date indefinitely.
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