Financial Services and Pensions Ombudsman Act 2017

62.

Decisions of Ombudsman

62. (1) Subject to the outcome of any appeal under Part 7 against a decision of the Ombudsman under section 61 or 62 in respect of a complaint, the decision is binding on any party to the complaint.

(2) Subject to subsection (3) the Ombudsman shall publish decisions made by him or her after the establishment day in relation to complaints concerning financial service providers and case studies in relation to complaints concerning pension providers in such a manner that—

(a) ensures that—

(i) a complainant shall not be identifed by name, address or otherwise,

(ii) a provider shall not be identified by name or address,

and

F6[(b) ensures compliance with the Data Protection Regulation and the Data Protection Act 2018.]

(3) The Ombudsman may, if he or she considers it appropriate to do so in any particular case, publish, in such form and manner as he or she thinks fit, a report in relation to any investigation under this Part and the result of that investigation.

(4) For the purposes of the law of defamation, the publication by the Ombudsman of any report under subsection (2) or (3) shall be absolutely privileged, and immune from legal proceedings.

F7[(5) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201653 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 (General Data Protection Regulation).]

Annotations

Amendments:

F6

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 231(a), S.I. No. 174 of 2018.

F7

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 231(a), S.I. No. 174 of 2018.