Protection of Employees (Employers Insolvency) Act 1984

F73 [ Transfer of personal data in relation to employers insolvent in United Kingdom

8A

8A. (1) Where

( a ) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and

( b ) the employees concerned are employed or habitually employed in the State,

the Minister may by regulations provide for the transfer of personal data (including special categories of personal data) of those employees, and documentation relevant to such personal data, to and from

(i) a relevant officer, or

(ii) an actuary or a person performing a similar task,

to the extent that such personal data or documentation, as the case may be, are necessary to the performance of the functions of a relevant officer, an actuary or a person performing a similar task, or otherwise for the performance of functions under this Act.

(2) In making regulations under subsection (1) , the Minister shall have regard to the important public interest of

( a ) the protection of employees in the event of the insolvency of their employer,

( b ) ensuring a minimum degree of protection, in particular in order to guarantee payment of employees outstanding claims, and

( c ) the need for balanced economic and social development.

(3) In this section

General Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 21 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

personal data has the same meaning as it has in Article 4 of the General Data Protection Regulation;

special categories of personal data means personal data referred to in Article 9(1) of the General Data Protection Regulation. ]

Annotations:

Amendments:

F73

Inserted (29.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 107, S.I. No. 688 of 2020.

Editorial Notes:

E34

Power pursuant to section exercised (31.12.2020 at 11 p.m.) by Protection of Employees (Employers’ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020 (S.I. No. 730 of 2020), in effect as per art. 1(2).

E35

The section heading is taken from the amending section in the absence of one included in the amendment.

E36

Previous affecting provision: section inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 90, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.