My trustdeed ended nearly 10 years ago now, its a part of my life that I have largely put behind me however my name and former address still show in the Edinburgh Gazette if you simply type in my name.
This doesn't seem right or fair to me and as I have several friends and family memeber who work as accountents and in finance I feel very anxious that they might find out about my past. I believe that now trustdeeds are not on permemnant public record so surely there must be a way to remove my details from the gazette?
Does anyone have any advice on this?
Hi ramona11.
As we understand it this is a permanent record.
It seems unfair given that it's different for people entering trust deeds now, but this was how it worked at the time.
It would be interesting if someone challenged this situation using the new data protection law (GDPR) which came into force last week.
This law potentially gives data subjects (you) more influence in how your personal information (details of your trust deed advertisement) is used by data controllers and/or data processors (the Edinburgh Gazette).
Thanks for getting back to me about this, yes I too wondered if the new law might be helpful. I really have no idea how to take this forward and do not have the money for a lawyer but will seek advice on a legal forum to see if they can help.
Thanks again.
The starting point might be to ask on what lawful basis the Gazette is processing your information.
The answer will affect your rights and the obligations of the processor.
Iโd like to hear the answer if you do ask them this.
Thank you for that advice, I will certainly come back to you with what they say if I get any further with this!
The requirement to publish in the Gazette was revoked along with the Protected Trust Deeds (Scotland) Regulations 2008 so maybe you can ask to have it removed based on the 2013 SI and the new GDPR
It instinctively feels difficult for an organisation to publish this information, which inevitably could embarrass some people, when under the current regime a permanent public record isnโt considered necessary.
The legal basis upon which they continue to process/publish this information will open up avenues to challenge it. Data subjects (the person whose information is being processed) have different rights depending upon that chosen legal basis.
I put my name into the Edinburgh gazette and and my address and date I signed trust deed came up will this new data law stop this and where can I go to complain and do something about getting my details removed
Pingpong, I read that notice on the Gazette website and they do say it can be removed but only in certain circumstances and that they would require some professional body like a doctor or the police to back up that request.
JoJo93, depending on when your trustdeed was started then your name might be in there forever unless you are able to prove to them you via the police of your GP that you need to have this removed, see pingpongs link.
I guess the other option is to challenge it legally. This is difficult as it risks drawing more attention to you and your past than the notice in the gazette would and if you had to use a lawyer then it could be expensive.
I do feel it is unfair to have this hanging over me in the form of a public record anyone can access over the internet. I got into debt when I was very young and lost control of the situation under very tragic circumstances which were beyond my control. I would guess many of us would say the same. My debt wasn't even a huge amount of money.
I looked and many criminal convictions will fall off your record after 11 years but something like this an unpaid debt of even a few thousand pounds can be a black mark against you name forever. I just feel humiliated at the thought anyone I know could look this up and find this out about me.
When I signed my trustdeed, I knew it would be in the Edinburgh Gazette but I did not realise that information would be made available online forever.
i thought about going to my mp or mep because this new GDPR is a new law i agree with you criminals dont have there crimes hanging over them for years some people get into debt thru no fault of there own like marriage breakups things like that
It might be interesting to see what an MP might have to say about it at the very least they should be able to get information for you from the relevent government department.
I've posted on a legal forum to try and get some information if I find out anything interesting I will post back here.
People get in to debt for all sorts of reasons and in my opinion the banks themselves are complicit, the minute I turned 18 I had daily letters from banks offering me pre-approved loans and credit cards and putting my limit up without asking me, it was highly exploitative in my opinion. I can't see why having the trustdeed on your credit report isn't enough or at least have your name removed from the gazette after your dischage.
I am going to ask them to remove or redact my entry. I will let you guys know how I get on with it.
Thanks TDA and Kevin.
I am not really concerned about my entry but if i can learn and share something from the process it might help others.
My argument to the Gazette (Williams Lea Tag) is on the basis that according to GDPR Article 17 I have the right to be forgotten. Given that this is subject to whether there is a legal requirement I am also arguing on the basis that the legal principal that required the data to be published firstly the 2008 regulations do not specify that they should be permanent records secondly that these regulations no longer exist. In addition data no longer serves the purpose for which it was originally intended which was to notify creditors about the trust deed and give them the opportunity to make a claim or object to the PTD.
Also the data held has no value to public interest as it is a personal insolvency and it is personal data.
I have been escalated to level 2 of 4 in the complaints process, I should get some kind of response either today or tomorrow (probably to escalate to level 3)
Hope this all makes sense! Here is the high level guidance to Data Controllers regarding Article 17
And this is the section from the Gazette noting the repeal of the requirement in Scotland, if the repeal can be applied retrospectively it shouldn't be a problem
"In Scotland, the publication of sequestration (bankruptcy) and trust deed orders in The Edinburgh Gazette was required under the Bankruptcy (Scotland) Act 1985, but these requirements have been repealed over a period from 2010 โ 2015 (see the Home Owner and Debtor Protection (Scotland) Act 2010, the Protected Trust Deeds (Scotland) Regulations 2008 and The Bankruptcy and Debt Advice (Scotland) Act 2014). Notices, therefore, may have been placed as a consequence of a statutory requirement to do so, or because the Insolvency Practitioner has chosen to put the facts of the bankruptcy officially on the public record, for example to better inform potential creditors."